The subject of abuse in the use of the right is a renewed subject with the renewal of forms and methods of abuse, and what we are witnessing in terms of abuse in the use of the custody right today is increasing in a larger and larger way. In the Hanafi school of thought, in a way that harms others, and therefore there are several forms of arbitrariness in waiving custody or requesting it.

What is the abuse of custody right?

Arbitrariness is defined as contradicting the intention of the Lawgiver with what is permissible. As for custody, it is defined as the protection, education, and protection of someone who is not independent in his command from what destroys or harms him. The law imposed on the incubator several conditions in order to be entitled to the right of custody, and the conditions of the incubator are:

to be extreme.
be reasonable.
not to be apostates.
Not to be married to a non-mahram for the young.
To be honest, the child is not lost when she works for him.
To be able to raise and maintain him, so that if she had a disease that would prevent her from making reconciliation, she would not be eligible for custody.
Not to live the young in the house hated him.
Not to be an immoral woman who is not safe for the child, or an immoral person who wastes the child.
The duration of the right of custody extends with the mother who imprisoned herself on the upbringing and custody of her children until they reach puberty. As for the period of custody of a child other than the mother from women ends when he completes nine years of age, as for the young girl, the period of custody ends when she completes eleven years of age.

Pictures of abuse in the use of the right of the custodian:

The forms of abuse in the use of the right of the incubator can be realized in each of the custody rights of one of the parties, if it is intended through it to harm the other party, and these forms differ according to different times, people and places, but they all come together in the use of a right of custody. Here are some of the forms of abuse in the use of custody.

First: The mistreatment of the child in custody:

The guardian’s permission for the mother of the young child or the custodian to travel with the child in custody is not considered permission and approval for her to reside and have custody there, even if the mother of the child in custody travels with the intention of plotting against the father and the child in custody is harmed by that arbitrarily.

Second: Arbitrary assignment of custody with intent to cause harm:

The mother’s custody of her child may be obligatory upon her by agreement, in the event that the child will be exposed to danger if she leaves his breast-feeding and custody, and the Personal Status Law stipulates in Article (50) that “the mother is appointed to breast-feed her child and is forced to do so if neither the child nor his father has money He hires a wet nurse and there is no female donor, or if the father does not find someone to breastfeed him other than his mother, or if he does not accept someone else’s breast.

Third: Abuse of the right of non-custodians:

The father, the paternal grandfather, the mother, to visit and see him, and to visit and see him, and the right of visitation in general is a right agreed upon by the jurists. The law stipulated this in Article (163) that “the right of the mother and the right of the father or the paternal grandfather to see the child are equal when he is in the hand of someone else who has the right to custody.” The nursery owner may prevent the other party from seeing or hosting the child who is entitled to him.

Fourth: Arbitrariness in the alimony of the fostered child:

The father or grandfather of the fostered child may refrain from alimony for a young child with the intention of harming the incubator and putting pressure on her to make her relinquish custody.

Applications on the abuse of the custody right in Sharia courts:

The law stipulates the right to custody, in the event that any person infringes on the right of the other, taking advantage of the right of custody, which is the abuse of the right. Among the lawsuits filed against the abuse of the right of the custodian are:

Viewing and hosting lawsuits: because it is in the event that the owner of the custody right is the other party of the fostered child.
Child alimony lawsuits: In the event that the spender refuses to alimony with the intention of harassing the custodian and relinquishing her right.