The Importance of Interest in Giving Priority to Mother's Custody

The study of the principle role of best interest and its impact on legislation, especially in the area of human relations, such as the family, is something which will leave behind valuable results. The general purpose of the legislation in Islam is aimed at reforming society and preventing corruption. The present research seeks to analyze the impact of best interest in custody as one of the most and sensitive rules of family law which has a direct impact on the growth and development of the human race. The analysis of the principle of "best interest" and it's role in Islamic law and the expression of theological view concerning the primacy of the mother or father in the custody of the children (either girls or boys) especially when they disagree with one another on this issue, shows the traditions cited by jurists aimed at protecting the best interest of the child and his needs. By surmising traditions, the continuation of the mother's custody of the children in the present social conditions, depends on the mother's competence which is in compliance with the views of some religious scholars concerning the mother's priority in the custody of her children until puberty.