حكم أخذ الأجرة على المحضون عند الفقهاء : دراسة مقارنة مع قانون الأحوال الشخصية الأردني

الملخص EN

Ruling on taking a wage for a child in custody according to the jurists (a comparative study with the Jordanian Personal Status Law) The study aimed to clarify the ruling on taking payment on the foster child between jurisprudence and the law, whether the caretaker is the mother of the child or a foreigner to him, and whether the mother arbitrarily requested payment for custody of her child or asked for a fee similar to it, and to achieve this the study was based on the inductive approach and the analytical method, and the study included Five main topics, which are, The first topic: the definition of custody its legitimacy and wisdom, The second topic: the fees for foster care, The third topic: Who is obligated to pay for the child care? The fourth topic: the time the payment/s is due The fifth topic was about when and why payments is not required or mandatory, The study ended with a conclusion that included a set of results, the most important of which are: That custody is a common right between the child, the mother and the father, So we should tray as much as we can to keep them together and if they had conflict, What’s good for the child is presented, And the child care fees are one of the expenses due for the child.

Therefore, someone is responsible for it, and the mother may take the fee for the custody of her child after the end of the marital relationship between her and the father of the child, and the agreement of the Jordanian Personal Status Law with the most correct of the doctrines of the jurists, And finally the study recommended the rehabilitation of educated, intelligent cadres that has the correct knowledge of the provisions of Islamic Sharia and Personal Status Law And activating its role in the various community institutions to show the negative effects of divorce cases and family disputes, and to define the intended meaning of custody, and to clarify all cases where fees of child care and custody are not required, such as giving the custody for those who are required to pay the custody fee, or for the caretaker giving up the fees for custody , in the upcoming amendments in the Jordanian Personal Status Law and taking it into consideration.