The summary of Qualifying Permissible: its fundamental roots,

Sana J. Hunaiti

Abstract


The Jordanian Personal Status Law, with its effective role in achieving justice and the best interest of the child subject to custody, has the utmost attention of the Jordanian legislative institutions and the Jordanian judicial institution, and that is in the hope of achieving the highest levels of justice for the child subject to custody, the custodian, and the guardian, which ultimately is in the best interest of the custodian. This study included the legal articles related to the custody field in the Jordanian Personal Status Law No. (15) of 2019 CE, searching, commenting and deepening through the descriptive, inductive and analytical approach to reach a more just legislative regulation in the custody field, with suggesting an alternative legislative regulation for some legal articles. The researcher concluded that the Jordanian legislator has done well in legislation in many legal articles, such as placing restrictions and guarantees in some legal articles to achieve the interests of the child. And since these legal articles are formulated by humans, there must have been a legislative space in some of them that would disrupt the implementation of the concept of justice in them, so the researcher referred to that legislative space with suggesting what is necessary to fill that space according to the subject that the legal article talks about, hoping to achieve the best interest of the child. Therefore, the Jordanian legislator recommends that the proposed legislative regulations should be considered and adopted, such as canceling the text related to the fall of custody in the situation of the marriage of the custodian to a non-mahram of the child, and stipulating the custody residence furniture and its supplies and expenses in order to achieve the best interest of the child.

Keywords


Custody, the child subject to custody, justice, the best interest.

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