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ISSN 2063-5346
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THE IMPACT OF RELIGION DIFFERENCE BETWEEN THE CUSTODIAL MOTHER AND HER CHILD A STUDY ON THE UAE PRIVATE STATUS LAW

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Asma Salmeen Aleryani, layla Ahmed Al Mashjari
» doi: 10.31838/ecb/2023.12.s3.806

Abstract

This research sheds light on one of the most important topics, which is the religious difference between the custodial mother and her child, whether male or female, and its impact on the establishment or revocation of custody. This is done through studying some provisions of the UAE Federal Law No. 28 of 2005 concerning Personal Status, as amended by Federal Decree-Law No. 29 of 2020. The topic holds great significance, especially after the significant openness witnessed by the UAE, the multicultural environment, and some men resorting to marrying non-Muslim women who maintain their own religion. This leads to the formation of a family consisting of a Muslim father, a non-Muslim mother, and Muslim children. In the event of divorce, the parents dispute the custody of the children, and the mother may have a stronger claim to custody, especially if the children are in their early childhood stages and she has not remarried. However, the religious difference between the mother and the children poses a threat to the religious upbringing of the child. Does custody continue despite the religious difference or does it fall?

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