Although the issue of traveling with a custodial child has been discussed since ancient times, it remains a constantly evolving matter in light of changing realities and circumstances. It is governed by both textual and rational Islamic legal principles, with custom playing a significant role in shaping certain rulings. Jurists have addressed this topic in various sections of Islamic jurisprudence, as travel has its own set of rulings, and custody has its specific regulations. Custody falls under the domain of guardianship, and there are also distinct legal frameworks for marriage, family, divorce and its consequences, and child upbringing.

In order to arrive at a comprehensive juristic understanding of this issue, it was necessary to gather and organize the scattered legal texts and opinions related to it. This would provide readers and researchers with a clear vision when engaging with or studying this topic.

In this modest research, we did not aim to introduce novel rulings per se. Rather, we endeavored to collect and systematize the various legal perspectives on this matter into organized sections and subtopics, to facilitate further research. This serves as a foundational study for comparative works that may connect Islamic jurisprudence with contemporary legal systems and regulations.

Title

مجلة كلية العلوم الإسلامية

Publisher

جامعة بغداد

Publisher Country

Iraq

Publication Type

Both (Printed and Online)

Volume

82

Year

2025

Pages

495- 538