The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study

This paper focuses on bringing to light one of the most important subject represented by traveling together with a child custody .This subject has attracted some attention in the present time due to the circumstances undergone by Iraq which forced many people to travel abroad whether the traveler is...

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Main Author: Nadia Kheir El Din Aziz
Format: Article
Language:Arabic
Published: University of Mosul College of Law 2018-03-01
Series:الرافدین للحقوق
Online Access:https://alaw.mosuljournals.com/article_160795_5c9557ab08ebe1f7de4d1a692d058c6a.pdf
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author Nadia Kheir El Din Aziz
author_facet Nadia Kheir El Din Aziz
author_sort Nadia Kheir El Din Aziz
collection DOAJ
description This paper focuses on bringing to light one of the most important subject represented by traveling together with a child custody .This subject has attracted some attention in the present time due to the circumstances undergone by Iraq which forced many people to travel abroad whether the traveler is the father or the mother in custody who is separated from her husband . The paper expounds the impact of traveling on the mother's right to custody through distinguishing types of travel, and the impact of each type on the mother's capability of maintaining custody. The provision of traveling for the purpose of settlement differ from the provisional traveling for the purpose of pilgrimage to Mecca , or trip, which will be explained by the study through resorting to Islamic law compared with the legislative texts of which the Iraqi legislation in the personal status law is devoid . While other Arab legislation such as the Syrian and the Emirate personal status laws have tackled them thoroughly. The scope of this paper will highlight the provisions related to this subject through making a comparison between what is reliably enshrined in jurisprudence and law and what is mostly forwarded by some school having related provisions.                                                                <strong> </strong>
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spelling doaj.art-960ce895bb3543bba468de425be82c642022-12-22T02:21:15ZaraUniversity of Mosul College of Lawالرافدین للحقوق1819-17462664-27782018-03-0120627010710.33899/alaw.2018.160795160795The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence studyNadia Kheir El Din Aziz0Private Law, Faculty of Law, University of Mosul, Mosul, IraqThis paper focuses on bringing to light one of the most important subject represented by traveling together with a child custody .This subject has attracted some attention in the present time due to the circumstances undergone by Iraq which forced many people to travel abroad whether the traveler is the father or the mother in custody who is separated from her husband . The paper expounds the impact of traveling on the mother's right to custody through distinguishing types of travel, and the impact of each type on the mother's capability of maintaining custody. The provision of traveling for the purpose of settlement differ from the provisional traveling for the purpose of pilgrimage to Mecca , or trip, which will be explained by the study through resorting to Islamic law compared with the legislative texts of which the Iraqi legislation in the personal status law is devoid . While other Arab legislation such as the Syrian and the Emirate personal status laws have tackled them thoroughly. The scope of this paper will highlight the provisions related to this subject through making a comparison between what is reliably enshrined in jurisprudence and law and what is mostly forwarded by some school having related provisions.                                                                <strong> </strong>https://alaw.mosuljournals.com/article_160795_5c9557ab08ebe1f7de4d1a692d058c6a.pdf
spellingShingle Nadia Kheir El Din Aziz
The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
الرافدین للحقوق
title The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
title_full The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
title_fullStr The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
title_full_unstemmed The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
title_short The impact of the mother's travel on the child on the mother's right to custody - a comparative jurisprudence study
title_sort impact of the mother s travel on the child on the mother s right to custody a comparative jurisprudence study
url https://alaw.mosuljournals.com/article_160795_5c9557ab08ebe1f7de4d1a692d058c6a.pdf
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