Despite the early attention paid by the Islamic Fiqh (Islamic jurisprudence) to the issue of child custody, but still there is difference among fiqh scholars in regards to its rules, requiring the judiciary to look for the appropriate solutions to deal with new and arising cases in this regards.

As the provisions of the Islamic Sharia is the common law in the country, Saudi judiciary applies the Islamic jurisprudence (the hanbli fiqh in particular) on disputes over child custody in the absence of family law.

This paper aims to know more about the positions of the Saudi judiciary with regard to the issue of child custody and the juristic choices in this matter.

The paper is divided into two sections and a conclusion. The first section discusses the child custody rules in the Islamic fiqh and the choices of Saudi judiciary, while the second one talks about the Saudi judicial application of the child custody. At the end of the paprer we set the findings and recommendations.

Key Words: Child Custody, the Judiciary position, the Saudi Judiciary, interest of the Child, the age criterion

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