The Ruling on the Loss of a Mother's Right to Custody of Her Child Due to Marriage in Light of the Hadith "You are more entitled to him as long as you do not marry": A Comparative Maqasidic Jurisprudential Study with the Jordanian Personal Status Law

Abstract

      This research, titled "The Ruling on the Loss of a Mother’s Right to Custody of Her Child Due to Her Marriage in Light of the Hadith ‘You are more entitled to him as long as you do not marry’ — A Comparative Maqasidic Jurisprudential Study with the Jordanian Personal Status Law," aims to clarify the effect of the mother’s marriage on the termination of her custody, to present scholars’ opinions on the issue, and to understand the scholars’ interpretation of the hadith (You are more entitled to him as long as you do not marry) in light of the higher objectives (maqasid) of Islamic law.

      The researchers adopted the inductive method by tracking the texts and rulings related to this topic, as well as the analytical method based on analyzing these texts and extracting rulings from them.

      The research concluded that the primary objective of custody is to achieve the best interest of the child. The Jordanian Personal Status Law agrees with Islamic jurisprudence in this regard. This principle is evident both in the ruling that the custody of a married mother is terminated and in the recognition of the right of a married mother to custody in some cases. Moreover, it recognizes that granting custody to the mother is not an absolute ruling applicable in all cases, and that the custody of the mother is not generally terminated due to marriage.