Feasibility of returning custody of the mother by separation from the second wife

Document Type : Research Article

Authors

1 PhD Student in Jurisprudence and Islamic Law in Mofid University, Qom, Iran

2 Assistant Professor in Mofid University, Qom, Iran.

3 Assistant Professor in University of Tabriz, Tabriz, Iran

Abstract

The jurists agree if the mother who has the custody of her child is married to
a person other than her father's father, the custody of the mother will be
canceled. If the mother divorces her from her remarriage, there is
disagreement over the return or non-return of the custody of the mother.
Many Imams and Sunni jurisprudents believe that the divorce of a mother
from a barbarian man comes back to her custody. In their view, the mother's
remarriage is a barrier to the exercise of custody, and it is prohibited by
deterioration. In contrast to Maliki's jurisprudents and some of the Imami's
jurists, it is believed that the remarriage of a mother with a felonious man
will be lost to the custody and will not be divorced. It seems that the
emergence of narratives, the rule of irreversibility of the right of
impoverishment, and the fall of the will of the fall, implies that the right of
custody of the mother does not return to separation from the new wife.

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 527-550

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History

  • Receive Date: 29 October 2019
  • Revise Date: 17 February 2020
  • Accept Date: 06 March 2020

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