The Right of Child to Custody in Yemeni Legislation and Islamic Jurisprudence

Abstract

The study deals with the subject of the child’s right to custody in Yemeni law and Islamic jurisprudence, because this topic raises several questions about custody in terms of determining the custodians, their arrangement, the conditions for their entitlement to custody, and the legality of their waiver of it. As the right of the child to custody is one of the most important rights, the study aimed to recognize the nature of custody, the arrangement of the custodians, the conditions that must be met by them, and the effects on the custody, through three chapters, using the descriptive, analytical and comparative approach.

The study reveals several results, the most important of which are: the deficiency of legal regulation of the right of custody and the conflict between current texts; that custody is a right of the child and does not fall over time due to the lack of demand for it; and that the arrangement of custodians is not considered of the general order. The study recommends the need to reorganize the legal provisions related to custody to ensure the achievement of the child's interest and to remove the contradictions and shortcomings of the law.