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Volume :30 Issue : 103 2015      Add To Cart                                                                    Download

Abduction of the child in custody from his guardian by one of his parents

Auther : Dr. Ibrahim Al BadawiAl Subaie

Abduction of the child in custody from his guardian by one of his parents Comparative doctrinal study with Kuwaiti law Dr. Ibrahim Al BadawiAl Subaie. Assistant professor at department of comparative jurisprudence and legal politics- Faculty of law and Islamic studies- Kuwait University Abstract: In light of highly increasing divorce cases occurred in Arabian countries over the recent years between great number of husbands, therefore, the cases abduction of the child in custody from his guardian by one of his parents have been increased dramatically, so that, the recent research aim to reveal attitude of Islamic jurisprudence regarding the same, consequently, the research included a lot of legal evidences from Quran, Sunnah, and analogy to prohibit abduction of the child in custody from those who have the right of guardianship, moreover, the recent research reveals that the positive law also prohibits performing this kind ofabduction, because its violate all rules and principles stipulated by Islamic jurisprudence. Moreover, the recent research shows also thatIslamic jurisprudence did not decide and limit suitable punishment strictly if the child in custody was abducted by one of his parents, known that this action is only subject to discretionary penalty which solely decided by ruler's judgment, in contrast with the Kuwaiti positive law which stipulate and decide limited punishment for doing the same, additionally, the recent research indicated alsotoinsufficiency of Kuwaiti law regarding the said subject matter ofabduction the child in custodyby one of his parents from those who have the right of guardianship, showing that the said article was not clearly drafted, in comparison to the way in whicha similar article in Egyptian and Algerian law was drafted properly.

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Nov 04, 2019

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