Ask the Law: Can my ex-husband sue again under Sharia law, claiming custody of our children?

Answer: Your husband has the right to sue. The sponsor must meet the following conditions:

1) Good judgment; 2) have reached the age of maturity; 3) fidelity; 4) the ability to bring up the foster child and provide for his upkeep and care; 5) security against dangerous contagious diseases; and 6) never having been convicted of an honor crime.

Article 143 of the law on personal status stipulates that in addition to the conditions mentioned in the article above, the host must, in accordance with article 144:

1) If a woman: a) Is not married, in a consummated marriage, to a man unrelated to the foster child, unless the court decides otherwise in the interest of the child . b) Be of the same religion as the foster child, in compliance with article (145) of this law. 2) If a man: a) He must have around him a woman fit to be nurse. b) To be tied to the young girl taken in with such close kinship prohibiting him from marrying her. c) Be of the same religion as the foster child.

The right of the host to reception is forfeited in the following cases:

1) Derogation from any of the conditions set out in Articles (143) and (144).

2) In the event that the host family takes up residence in another city, thus making it difficult for the guardian to perform his or her duties. 3) If the person entitled to reception remains silent and does not claim this right for a period of six months without excuse. 4) Does the new foster family have to live with the one whose foster family has been let go for a reason other than a physical disability?

In addition, Article 156 states: 1. A woman’s right to foster a child ends when the child reaches the age of 11, if male, and 13, if he is female, unless the court finds that the extension of this age to the age of maturity, for the male, and until his marriage, for the female, is in his best interest . 2. Unless the interest of the entrusted child requires otherwise, the placement of women will continue if the child is alienated or suffers from a disabling disease.

Finally, if one of the aforementioned conditions is no longer met by the foster mother, the father may request the revocation of custody of the children. The court decides on these questions taking into account the interests of the children.

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