AN INDUCTIVE ANALYTICAL STUDY APPLIED TO CUSTODY CASES AT ISSUE IN JENIN SHARIA COURT AND THE ARGUMENTS CONTAINED FROM (2010-2020)
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Date
2022-04-06
Authors
Esteiti, Mohammad
Journal Title
Journal ISSN
Volume Title
Publisher
An-Najah National University
Abstract
This study deals with the topic of custody and the arguments contained in it formally and objectively, and the related applications in the records of cases contained in Jenin Shariah Court from the year of 2010 to the year of 2020 in particular. The study aims to indicate the nature of custody cases and clarify the proceedings before the Shariah courts, and to introduce the arguments and indicate their types and show the way of dealing with the formal and objective arguments that may respond to the custody trial, Finally, the study had drawn a set of conclusions, the most important of which were:
1- The topic of arguments of legitimate claims has not been studied sufficiently by the students of Sharia sciences and its staff.
2- Custody begins from the time of birth of the male or female child until they are mature. The Hanafi school estimate that the period of custody of a boy is until he is seven or nine years old, while the custody period of a girl has two cases for them. The first is that her custody period end in the age of menstruating, and the second is that it ends when she reaches the age of lust which they say it’s the age of nine.
3- The Hanafi school defined custody as "raising the child by the person entitled to foster care."
4- The books of Hanafi jurisprudence did not include an explicit provision for custody, but they said that the mother is not forced to custody. If she refuses to get custody or something happened and prevented her from getting the custody as if she wants to marry a foreigner, the custody goes to the father or the next one entitled to take custody.
5- The books of Fiqh did not contain a clear direct definition of arguments, but they made the linguistic definition indicative of it, and understood it as the response to the plaintiff's claim.
Description
This study deals with the topic of custody and the arguments contained in it formally and objectively, and the related applications in the records of cases contained in Jenin Shariah Court from the year of 2010 to the year of 2020 in particular. The study aims to indicate the nature of custody cases and clarify the proceedings before the Shariah courts, and to introduce the arguments and indicate their types and show the way of dealing with the formal and objective arguments that may respond to the custody trial, Finally, the study had drawn a set of conclusions, the most important of which were:
1- The topic of arguments of legitimate claims has not been studied sufficiently by the students of Sharia sciences and its staff.
2- Custody begins from the time of birth of the male or female child until they are mature. The Hanafi school estimate that the period of custody of a boy is until he is seven or nine years old, while the custody period of a girl has two cases for them. The first is that her custody period end in the age of menstruating, and the second is that it ends when she reaches the age of lust which they say it’s the age of nine.
3- The Hanafi school defined custody as "raising the child by the person entitled to foster care."
4- The books of Hanafi jurisprudence did not include an explicit provision for custody, but they said that the mother is not forced to custody. If she refuses to get custody or something happened and prevented her from getting the custody as if she wants to marry a foreigner, the custody goes to the father or the next one entitled to take custody.
5- The books of Fiqh did not contain a clear direct definition of arguments, but they made the linguistic definition indicative of it, and understood it as the response to the plaintiff's claim.
Keywords
lawsuit, guardianship, payment, Jordanian Personal Status Law, Jordanian Due Process Law