حق رؤية المحضون في الفقه الإسلامي : مقارنة بالنظام السعودي

Abstract EN

This study aims to demonstrate the legitimacy of the right of parents to visit their child in the custody of the custodian, and to explain the time, place and manner of such visitation, while comparing it with the Saudi personal status system.

The nature of the research required the use of descriptive and comparative analytical methods to analyze the jurisprudential and legal opinions related to the right to visitation of custody, and then compare these opinions with the personal status system in the Kingdom of Saudi Arabia.

The study resulted in several findings, summarized as follows:

Islamic law and the Saudi personal status system confirm the right of parents or their representatives to visit their child in custody.

Islamic jurisprudence gives priority to the mother in custody of her young child, which is also recognized by the Saudi personal status system in case of dispute between parents.

Islamic jurists permit the custodian to visit the child every day, or according to customary practices, whereas the Saudi personal status system leaves the timing of visitation to be determined by the agreement between the custodian and the visitor, with the option of legal intervention in case of disagreement.

Islamic jurists consider the place of visitation to be where the child is resident, while the Saudi personal status system allows the place of visitation to be determined by agreement between the custodian and the visitor, with the court intervening in case of disagreement.