This study examines the issue of child support within Islamic jurisprudence and its implementation in the Palestinian legal system. The objective is to analyze how Islamic Sharia addresses child support, the conditions for entitlement, and the application of these principles by Sharia courts in Palestine. The study employs a descriptive, inductive, and comparative methodology, referencing primary sources of Islamic jurisprudence, reviewing the opinions of scholars from the four main schools, and comparing these with the laws currently in force in Palestine. The research focuses on several principal areas, including: child support and its rulings as compared to the personal status law applicable in Palestine (1948), and the scope of support from both a Sharia and legal perspective, clarifying that it encompasses more than just food, clothing, and shelter. Additionally, the study addresses the conditions required for the provider and the recipient of support in both jurisprudence and law, the estimation of the amount and duration of support for both males and females, and the judicial applications of the Supreme Sharia Court of Appeal in the Palestinian interior regarding child support. The findings reveal that Islamic jurisprudence offers a precise and comprehensive system for support that ensures children's rights and provides them with a dignified life. Furthermore, it demonstrates that the judicial interpretations of the Court of Appeal in the Palestinian interior adhere to the Hanafi school, inherited from the Ottoman Empire, and applied through the book "Al-Ahkam al-Shar'iyyah" by Muhammad Qadri, which remains a reference for Sharia courts in the Palestinian interior today.

Title

مجلة جامعة النجاح للقانون والاقتصاد

Publisher

جامعة النجاح الوطنية

Publisher Country

Palestine

Publication Type

Prtinted only

Volume

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Year

2024

Pages

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