Mother’s Termination of her Right in Custody, and Consensual Divorce up to it, and Dropping it in Islamic Jurisprudence and Personal Status Law

Abstract

This research is centered on three main issues related to the right of custody. They include the provisions of the mother forfeiting her right to custody of her children, making this an alternative to consensual divorce; and the mother’s return to the custody of her children after forfeiting her right to their custody. These topics were studied in Islamic jurisprudence and the Jordanian Personal Status Law, and it was found that the ruling in the issues examined is based on the issue of determining the owner of the right to custody. The study used the comparative method to compare the statements of the Fiqh schools in the Fiqh issues under consideration and compare them with the Jordanian Personal Status Law. Additionally, the analytical method was used by analyzing the evidence through discussion in order to reach the correct statement in each issue. The research reached a number of results, the most important of which is proving the mother’s right to forfeit her right to custody of her children, the correctness of making this a substitute for divorce, and the inadmissibility of the mother returning to the custody of her children after dropping her right to custody unless the abolition was generated by an acceptable excuse. The study recommends that the issue of the mother's return to the custody of her children after dropping her right should be explicitly detailed.