أثر السفر بالمحضون على حق الأم في الاحتفاظ بالحضانة : دراسة فقهية قانونية مقارنة

الملخص EN

This paper focuses on bringing to light one of the most important subject represented by traveling together with a child custody .This subject has attracted some attention in the present time due to the circumstances undergone by Iraq which forced many people to travel abroad whether the traveler is the father or the mother in custody who is separated from her husband .

The paper expounds the impact of traveling on the mother's right to custody through distinguishing types of travel, and the impact of each type on the mother's capability of maintaining custody.

The provision of traveling for the purpose of settlement differ from the provisional traveling for the purpose of pilgrimage to Mecca , or trip, which will be explained by the study through resorting to Islamic law compared with the legislative texts of which the Iraqi legislation in the personal status law is devoid .

While other Arab legislation such as the Syrian and the Emirate personal status laws have tackled them thoroughly.

The scope of this paper will highlight the provisions related to this subject through making a comparison between what is reliably enshrined in jurisprudence and law and what is mostly forwarded by some school having related provisions