Question 1 - A Questioner asks: I am a Muslim woman married to a Muslim man. Two years ago, I signed a divorce agreement outside the court and consequently my husband divorced me. I also gave up custody of my children as I was forced to do it. Do I now have the legal right to file a legal lawsuit to demand custody of my children and also alimony? Should I register a case directly before the Sharia court? Please advise.
Answer 1 - To answer such question, I would advise the questioner that you have the legal right to file a legal lawsuit to demand custody of your children with alimony (which is connected to the custody) and the deferred dowry (which is your right). Such case should be filed in front of the family guidance committee which will transfer the matter to the Sharia Court in the event you and your ex-husband fail to reach a settlement.
Children’s custody, according to Article 153 of the Personal Status Law, shall return to the person who loses it after the reason for forfeiting it disappears if the children are still in the age of custody, which is less than eleven years old for the male and thirteen years old for the female, unless the court deems that extending this age to the age of maturity, for the male, and up to her marriage, for the female, is in his/her best interest.
Moreover, the fosterer, according to Articles 143 & 144 of the same law, must satisfy the following conditions to get the custody:
1- Sound judgment
2- Having attained the age of maturity
3- Fidelity
4- Ability to raise the fostered child and provide for his maintenance and care
5- Safety from dangerous contagious diseases
6- Not previously condemned for a crime against honour
7- If a woman, to be not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.
