Provisions Related to Guardianship, Custody, and the Interrelationships Between Them According to Iraqi Law - An Analytical Study
DOI:
https://doi.org/10.65263/p9s48487Abstract
In this research, I contributed to analyzing the meaning of guardianship over minors, who is the qualified or presumed guardian, the duration of guardianship, and the actions that occur within it.
We also analyzed custody, the applicable Sharia position and provisions thereon, the relationship between the custodian and the ward, competition and dispute over custody, the legal provisions and financial costs that follow, and the most important consequences of choosing a custodian and their impact on the ward.
As for what lies between guardianship and custody, it is the minor, the ward, or the ward on the one hand. On the other hand, we wanted to emphasize that the guardian is not necessarily the custodian, as the responsibilities, requirements, and capabilities are different.
References
I. The Holy Quran
II. Books
1. Dr. Ahmed Al-Kubaisi, *Al-Wajiz* (A Concise Commentary) on the Personal Status Law and its Amendments, Vol. 1, 1990 (no publisher listed).
2. Sheikh Abdul Karim Al-Hilli, *Ja'fari Rulings on Personal Status*, Hijazi Press, Cairo, Egypt.
3. Dr. Hassan Abdul Mohsen Ali, *The Legal Status of the Minor Litigant*, Al-Mahmoud Center for Legal Book Distribution, Cairo, Egypt, 2026.
4. Mohamed Kamal Hamdi, *Guardianship over Property*, Munsha'at Al-Ma'arif, Alexandria, Egypt, 2003.
5. Dr. Wahba Al-Zuhayli, *Islamic Jurisprudence and Its Evidence* (Al-Fiqh al-Islami wa Adillatuhu), Vol. 7, 2nd ed., Dar Al-Fikr, Damascus, Syria, 1985.
III. Laws:
1. Iraqi Civil Law No. 40 of 1951.
2. Iraqi Personal Status Law No. 188 of 1959 (as amended).
3. Iraqi Juvenile Law No. 76 of 1983 (as amended).
IV. Judicial Decisions:
1. Federal Court of Cassation Decision No. 3649 / Personal Status Panel / 2016 (unpublished).
2. Sharia Court of Cassation Decision No. 134, dated March 6, 1960.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Al-Bayan University Journal for Legal Studies and Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Al-Bayan University Journal for Legal Studies and Research (AUJLSR) applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AUJLSR, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
