Algunas reflexiones acerca de la custodia en la escuela mālikí

Abstract

Studies the legal opinions about custody (hadana) in Islamic law, especially in the Maliki school as compared to other schools which organize the legal lives of the Muslim societies. The study underlines different aspects: the legal status of the persons who play a role in the issue of custody, especially the one responsible for the custody, the conditions under which it is exercised, the causes of its termination, its duration and the circumstances of the separation between mother and son. The Mallikí legal opinions about custody are designed to protect the children and meet their needs, especially when there is evidence as to the bypassing of the imposed norms to the benefit of the children and the rotection of their interests.