The issue in this question is whether Fariz could claim the custody of both of his children, a daughter aged 10, who was born five months after the marriage and a son aged 4. It is obvious that this question is about the legitimacy of the child and the custody of a child or the right of hadanah in Muslim Law. For the purpose of answering this question the first part shall discuss on the claim of custody right of the daughter and the second part shall discuss on the claim for custody right of the son.
Custody Right of the Daughter:
The Islamic law has made a clear-cut distinction between paternity and maternity. Maternity is established in the woman who gives birth to the child eventhough the relationship of the mother with the natural father of the child may or may not be lawful. In contrast, the paternity of the child is established only by marriage between the parents. The legitimacy of a child is established only when paternity is established. Hence, the father’s right of hadanah is interrelated with legitimacy of the child. This is because a father’s right of hadanah comes into existence only after the legitimacy of the child has been proven. Failure to establish the legitimacy of the child, will cause the applicant to lose the custody right.
With regard to this matter, the Shafii school of law is in the opinion that where a child is born to a woman who is married to a man after six months from the date of the marriage; or within four years of the termination of the marriage, the mother not having remarried, the paternity of the child is established with the husband.
Similarly section 110 of the Act stated that:
Where a child is born to a woman who is married to a man more than six qamariah months from the date of the marriag...
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... is still married to Fazli. Her act of cheating her husband can be considered as open and gross immorality. Moreover, Suria also wanted to marry her lover. Thus, Suria had breached the prohibition in section 83. This section had stated that in order for a mother to maintain the right of custody to the children, she must not behave in immoral manner and she must not marry with a person who is not related to her children. Failure to comply with the prohibition, will render her right to custody to be invalidated and cause the right to be transferred to the father the child.
In conclusion, Fariz can only make a claim for the custody right of his son, since Suria had acted immorally and was going to marry with someone else who is not related to her children. However, he cannot claim for custody right of his daughter because she is considered as an illegitimate child.
In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
Article 42A.1°1- This article relates to the "natural and imprescriptable" rights of all children. It also continues to mention that the state, albeit as far as practicable, will vindicate the rights of all children. G v An Bord Uchtála2 was a case relating to Article 42.5°3 (which will now be deleted and replaced), related to the "natural and imprescriptable" rights of the child which will now be protected under Article 42A.1. This case which concerned the rights of an unmarried mother saw the Supreme Court trying to expand the rights provided for under the now replaced article with no real continuity. The previous article relating to this placed no real emphasis on State intervention except in exceptional circumstances which will now be changed following the addition of the amended articles. Another interesting aspect of this amended article is the reference to "all children". Previously marital families enjoyed a specific set of rights and it was permissible to discriminate in favour of marital families in some cases. This discrimination arises from the protection offered under Article 41.3.2°4,_________________________________________________...
They believe the only issue is with the fertility clinic not doing their part in creating a sound environment that is geared developing a child not money centered. The third author’s outlook lead more towards providing counseling as a direction for the couple’s situation. They believe that its necessary to seek outside help to provide guidance on handling this matter. The stress, tension, and uncertainty that is arising in the individuals that are involves needs a middle man of a professional background to give insight them on how to handle these matters. The last author displayed his opinion as focuses more on incorporating all parties in the process of child birth. The author believes that everyone should not only consider the importance it has on one’s self, on the unborn, and
To a certain extent I can agree to the Supreme Courts rule in who gets custody of the children. The mother of the two children did give them up without thinking of the consequences of her actions. The ICWA however has helped many people in their cases and selected rulings. Although we cannot reverse the past, there is still ways we can incorporate our support in correcting the way the system works.
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
Legally, fathers are responsible for providing prenatal support for their preborn child, but have no legal rights if the mother decides to terminate the life of that child. Many fathers have gone to court to try to stop mothers from going through with their abortions. However, according to the courts, when it comes to abortion, a mother's right to abortion overrides a father's objections.
...d has this issue in a foster home it makes them unlikely to find a home. Therefore the state or government still has custody.
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
Eventually they got a divorce and began battling over who will have custody of the child. The father eventually got custody of the child due to his wealth. He threatened to discard the child’s trust bond as a way to get the wife to give in to giving him custody of their child. Here the father used his financial power to gain custody of the child. According to family.findlaw.com, the parent that gains custody has to be financially, mentally and physically stabled. I believe that the father was wrong for attempting to have custody of the child because he knew that she could not stand a chance against him because she could not provide for their child. The husband scooped so low to threaten to discard their child’s trust bond to the point that she had no choice than to make sure her child’s future is secured. On the mother’s behalf, in order for her child to have a better future, she made the sacrifice to lose custody. She knew that she could not have given the child what the father could. If the father cares so much about the child, why would he threaten to discard his child’s trust fund? It is simple, some parents use vengeance as a way to get back at the other
A sensitive subject, in the Islamic religion, is the status that a women holds - specifically with respect to the theme of how women are treated within polygamous relationships. Smith’s main thesis is that the Islamic religion has been accused of degrading women and he plans to share information to prove that this is a very valid fact. A polygamous relationship is a relationship or marriage with many partners. The Islam’s believe in polygamous relationships and the rules are specifically stated within the Koran. The Koran allows for a man to have up to four wives/partners, although, if he cannot equally share his love with all of his wives/partners, then he must only marry one . Smith has a very valid point, although there are many sources that support and refute his opinion. Mohammad Ali Syed discovered that the Islamic law allows for polygamy under certain circumstances, such as the treatment towards orphans. ...
The decision the woman makes should never have to be compared or even justified against what other people think due to the fact the woman will be the one bearing the child and going through the whole nine month process. What would you do in a situation where you were just too young to give birth to a child? What would you do if you were not in a financially stable environment? Why would you bring an unwanted human being to life, costing hatred, frustration and agony towards a baby that does not deserve it? Is this what society really wants thousands of neglected children around the world?
...rtion should not be an option unless this endangers the health of the mother. Time and time again the mother uses not knowing who the father is as a way to eliminate complication. This makes it difficult for a law to really be effective if one was put in place. It is the mothers body and 9 months of her life but she has made this mistake and must live with it if the father is willing to take all rights and responsibilities of this child [Williams, 2013].
adoptions and the problems that couples face when choosing to follow this practice. My research
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Female foeticide has become a disgraceful and shocking reality of this nation. For centuries, families across many parts of India have look upon the male child as the superlative of the two sexes. A male child is seen as a blessing in the Indian society and since years people have made lavish offerings and numerous prayers in hopes for getting a son. These beliefs continue to remain even though times have changed and now much of the inequality is reducing. The Indian society recognizes a insightful faith in every individual’s right to life and dignity but this rights are dishonored when it comes to women and children in this society. A difference in a society’s ideal values and its reality is defined as a social