The Provisions of Custodianship Comparative Study of Maliki Fiqh and the Kuwaiti Law

Mariam Alkandari

Abstract


Given the importance of custodianship in Taking care of the child in custody, his needs of rearing, care and consideration of his matters, custodianship provisions were included Sharia to preserve his right, therein lies the importance of this research, which indicated the Custodianship provisions in Maliki Jurisprudence and compared them with the Kuwaiti Personal Status Law. This research dealt with the Custodianship provisions definition, its order and indicated the necessary requirements of the custodianship, the provisions related to the custodian of alimony, visit, and travel and referred to the custodianship nullification cases and its expiration. The research was based on the inductive methodology through induction of books of Maliki, the comparative methodology by comparing the custodianship provisions in Maliki Jurisprudence with the Kuwaiti Personal Status Law and the analytical methodology by studying the concept of custodianship provisions, and then indicate the relevant provisions of the Kuwaiti Personal Status Law. The research concluded the role of Islamic sharia on the Muslim family, through the provisions of custodianship that preserve the child in custody rights and indicated the role of Kuwait in adhering to the provisions of Islamic law in the enactment of the Kuwaiti Personal Status Law.

Keywords


Custodianship ; Alimony ; Custodianship projection

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