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Article Title:
IS JOINT CUSTODY COMPATIBLE WITH THE ISLAMIC LAW? A DISCUSSION ON CHILD CUSTODY IN BANGLADESH AS WELL AS DIFFERENT CONTEMPORARY COUNTRIES OF THE WORLD
| Abstract: Joint custody is an arrangement that involves joint legal or physical custody of children following divorce or separation of their parents, has increased in popularity as an option in divorce since 19th century, with many states now having either a preference or presumption for joint legal custody. As a matter of family law custody of child has a great magnitude in Islam. The study intends to examine that whether the Islamic law permits joint custody or not. This paper is an attempt to explore there is no provision in respect of custody matters in our country but the visitation rights and child support obligation is awarded by court in case by case. Thus very few Muslim countries awarded joint custody on the basis of ever changing society. The significance of the study is that the Muslim countries of the world have enough scope to rethink on custody dispute. However the research in the area of joint custody is not significantly developed. Besides, there are no specific directions in Islam with regard to joint custody, and then it is difficult for the Muslim countries to adopt legislation. Hence this research highlights joint custody that may be beneficial to children and most importantly this paper will clarify the point that our country can make legislation in respect of joint custody which is not incompatible with the Islamic law. |
| Keywords: custody and guardianship, custody in islam, joint custody, best interest principle, child support and visitation right |
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