DCC 8/1997

This case involved a request that a mother relinquish custody of children to her former husband after she remarried. Under Sharia law, a woman can relinquish custody when she remarries. In this case the ex-husband had no objection to the wife remarrying.

Background

A claim was brought against the claimant's ex-wife ordering her to relinquish custody of her two children. The claimant stated that the defendant had remarried and he did not want his children growing up with their step-father. The court of first instance dismissed the claim and the claimant appealed. The appeal court awarded custody to the father and the defendant appealed by cassation arguing the claimant had agreed in writing, before the Court Notary, he would not claim custody even if she were to remarry.

Decision