CHILD CUSTODY: A RIGHT OR A DUTY (A STUDY OF AN APPROACH TO AMEND ARTICLE 57 OF THE IRAQI PERSONAL STATUS LAW)

The current century has witnessed a revolution in different fields which required some legal rules to be reformulated to adapt with the volume of challenges imposed by the contemporary life on marriage life in general, on the children, which are the most important thing that may result from marriage, and on the importance of caring for their needs. As God has divided the parents’ duties in caring for their children throughout the stages of their liv.es. He laid upon the mother the responsibility of caring for children starting from pregnancy, delivery, breastfeeding until infancy. While He, especially, assigned the father the responsibility of what comes after. But sometimes a child may lose one or both parents; and here the question arises about who shall take custody and what is the period required to satisfy that right. Article (57) of Personal Status Law No. (188) for the year 1959 has answered this question with its nine clauses and confirmed the necessity of caring for the child’s best interest and prioritizing it over the parents’ rights. However, the Iraqi Parliament has adopted an amendment of this Article in its latest proposals under the pretext of being in line with changes of everyday life with the assurance of applying the spirit of Islamic Law. It discussed the transmission of the child’s custody from the mother to the father after the age of seven in opposition to the current law that grants the mother this right until the child turns fifteen years of age; it also stipulated that the mother shall not get married in order to attain custody over the child which is regarded as a Statutory Offence represented in forcing the mother not to get married during which she holds custody over the child. Meanwhile, it did not stipulate over the father abstinence from marriage in order to attain custody over his children. The amendments have also showcased the entitlement of the grandfather’s right in custody rather than the mother in case the father died or didn’t fulfill the conditions of custody. By doing so, the rule would deprive the mother from her child upon turning seven years of age without attention being paid to the subsequential feeling of instability such decision causes to the child. The parliament should have tried to balance between the child’s right of maternal tenderness or paternal security. This is the aim of our research which will shed light on this subject in two scopes, the first of which focuses on educating the people of the right of custody and its period, and the second of which is dedicated to discussion of amendments and making proper recommendation.

The Islamic Law of Marriage and Inheritance in Kenya

Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Gift exchange and the construction of identity

One of the most outstanding features of Pacific cultures is their elaborate systems of gift exchange. Through the giving of gifts and countergifts Pacific Islanders affirm friendship, contract alliances and assert or challenge social eminence. The exchange of culturally encoded objects constitutes an entire social and political discourse. This essay explores these aspects of gift exchange in some Pacific exchange systems. I am especially concerned with the circulation of graded valuables in what I call systems of ranked exchange. I argue that in such systems one valuable thing often stands for another as its image. As the association between persons and things as images is intimate this has consequences for our understanding of inalienability. In the critical part of the essay I place inalienability in the broader context of reciprocity. My query is especially with the implicit assumption of equivalence often embedded in this concept. I argue that the idea of equivalence in reciprocity results from a transposition of a commodity model into our understanding. Here the notion of equivalent exchange presupposes a contract between equal, independent individuals. The practices of Pacific exchange systems question this simple model of reciprocity and equivalence. They demonstrate that what takes place is rather the negotiation of the personal status and identity of the participants than the assessment of the equivalence of things.

Exit from Discord and models of its applications in the personal: الخروج من الخلاف ونماذج من تطبيقاته في قانون الأحوال الشخصية

Our first scientists have been an example of a role model in removing the dispute in the issues of jurisprudence, they worked on the root of many issues came the rule "exit from the dispute is desirable" with its conditions and controls when imams were a great building stone in jurisprudence in various fields, and the main goal of this research indicate the possibility of exit from the dispute; how, sections, conditions and scope, represented by five issues In the personal status as a model to get out of the dispute, these issues are the desirability of the permission of the adult virgin parent when marrying her; and the testimony of the return in the retroactive divorce, the testimony of the marriage contract, and marriage with the intention of divorce or analysis, and the requirement of the Guardian in the marriage contract, in them, attributing the verses and Hadiths to its muzanha, the researcher has come to the conclusion that the exit of The implementation of the exit from the dispute in matters of personal status reduces the gap in the dispute, which elevates this law and relieves people, making it work in line with the current era without prejudice to the origins of the Shariah provisions.

One Hand Giveth, the Other Taketh Away

This article presents a feminist perspective on polity, religion, and gender in the Yishuv. It analyzes how each of these three categories is shaped by its intersection with the others while simultaneously constituting the whole. Two major decisions that were enacted in the 1920s—women’s right to vote and the institutionalization of the Chief Rabbinate—serve as case studies of the formation of these categories, as well as of the creation of social boundaries, the politics of inclusion and exclusion, and the culture of political arrangements in the Jewish state-in-the-making. Women were both the focus of and significant actors in these multi-dimensional conflicts. They won their rights for equal citizenship in terms of suffrage, but lost their personal status rights as a result of the institutionalization of the Chief Rabbinate.

The Survival of Sharia Islamic Divorce Law in the Syrian and Egyptian Personal Status Laws

The family law was not codified in both Syria and Egypt until 1917 when the Ottomans issued the Ottoman Family Rights Law, which applied to Muslims, Christians, and Jews each according to its provisions. This Ottoman Family Rights Law and the book of the Egyptian scholar Muhammad Qadri Pasha (‘Legal Ruling on Personal Status’) formed the first core of personal status laws in both Egypt and Syria, which s explains the survival of Islamic law to this day in personal status laws, in contrast to other branches of law. This paper presents a comparative study between the Egyptian Personal Status Law No. 25 of 1920, and the Syrian Personal Status Law No. 59 of 1953, regarding divorce provisions.

Violation of the Jordanian Personal Status Law No. 15 of 2019 of the opinion of the Hanafis in the ruling on forced divorce, pursuant to Sharia policy

Families in general are subjected to many external influences and pressures especially the husband, who is usually under threats and compulsion, to forcibly divorce his wife. This divorce might occur for the sake of greed of her money, beauty, or settle down some personal issues through inflicting punishment or peeve her husband. The present study aims at defining forced divorce and clarify the scholars’ opinions of forced divorce along with clarifying the most likely opinion and the opinion adopted by the Jordanian Personal Status Law No. 15 of 2019 by answering the following question: What is the reason for the law changing the opinion of Imam Abu Hanifa to the opinion of most jurists on the issue of forced divorce, and what is the interest achieved by This turn off? What is the role of legitimate politics in that? To answer this question, the researcher used the comparative analytical method as the main research design. The study concluded that forced divorce does not occur, which is the opinion held by the public, due to its consistency with the spirit and purposes of Islamic law. This opinion is also consistent with the legitimate interest and policy, which is what the Jordanian law adopted in contravention of the opinion of Imam Abu Hanifa to the opinion of the public as it achieves the general interests and legitimate policy.