حق المطلقة في أجرة الحضانة و الرضاعة : دراسة مقارنة فقهية قانونية

الملخص EN

The study handled the divorced woman’s religious and legal right to the charges of custody and breastfeeding; it is a comparative study between the Islamic Figh and the Sudanese law for personal status for Muslims (1991).

the problem of the study lies in the fact that follower of the domestic affairs notices the steady increase of the number of the divorcees, the issue that negatively impacts the small, extended family and the society at large.

The dramatic increase of livelihood makes the divorcee finds herself between the hammer of the society and the injustice of law.

Thus, realizing the religious and legal right for the divorcee is attained by asking the key question: Is the Sudanese law for personal status (1991) just for the divorced woman in obtaining her religiously mandated rights? The significance of the study is represented in the importance of custody and breastfeeding, and their role child care, family protection and the society from the social ills which are caused by absence of proper environment where the child is filled with values and principles that make him a good person in the society.

The study aimed to recognize the role of law in providing religious and legal rights to the divorcee, for breastfeeding and custody are issues require definite charges for the purpose of providing the baby and meet his moral, financial and psychological needs, therefore, the charges of custody or breastfeeding is deemed compensation for the exerted effort and realizing the status of the divorcee in the Sudanese law for personal status for the year (1991).

The study adopted the descriptive analytical approach in clarifying the phenomenon, the study reached a number of findings, and the most important ones are: most of the divorcees are unaware of their right in charges for child’s custody or breastfeeding.

They never ask for it either because of ignorance of fear of the society.

The study recommended the following: allocating a monthly salary from the state to the divorcee who does not have a sponsor other than her husband.