أحكام الحضانة في الفقه الإمامي

Abstract EN

It becomes clear from the narrations and the sayings of scholars that the mother has the right to custody of her child, whether male or female, and the ruling on custody differed for the mother, is it an obligation or a right? It seems that it is a right and does not drop except by her choice.

The mother’s custody of the male child is two full years, and the custody of the girl is seven years.

In the event of the death of one of the parents during the custody period, or the loss of some of the custody conditions, the right of custody is forfeited from him or her and transferred to the other one, and the father is obligated to the child during the entire period of custody, and in the event that the father is lost or is poor, the alimony must be paid to his fathers, even if it is much money.

The custodial mother may not travel with the child to a country without his /her father’s consent, and the father is also not permitted to travel there as long as he is in the custody of his mother, and her right to custody is forfeited if she violates one of the conditions specified by law (Sharia).