حق المطلقة في حضانة ولدها في الشريعة و القانون

Abstract EN

Praise shall be for God and peace be upon his honored Prophet; this study examined the effects of the divorce in the custoday of children by the divorced mother.

The paper shed light on the right of the divorced mother for her children in case it has been evident that she is capable of nursing avithant obstacles.

However, if she was a non-Muslim or unbeliever, then she is entitled for the nursery unless her child recognizes the nature of religion, otherwise, she looses the right for nursing.

In addition, the divorced mother shall be entitled for child custoday even if she is a dissolute provided that the children are not subject to harm or reglegence.

Furthermore, the divorced mother shall be entitled for the custoday unless she is married to sombody who is one of the children’s relatives and custody is clainies by the father.

As for the duration of the custody, the divorced mother is entitled thereof until the tenth year of the male’s age and until the maturity of the female as long as she lives safely, here, the mother will be entitled for a compensation during the waiting period in case of the irrevocable divorce and she deserves compensation until the seventh year of age regardless whether the child is a male or a female.

Regarding the Jordanian Personal Affairs, it states that the mother's nursery for the child until maturity (adulthood) for both male and female, and imposed a compensation for the nursery during the waiting period in the irrevocable divorce until the child reaches the adulthood age.