ISSN 3062-262X

Children's Rights after Marital Dissolution: With Particular Reference to Child Maintenance

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Hocine Mehdaoui

Abstract

This study examines the legal and Islamic jurisprudential framework for protecting children's rights after marital dissolution, whether through divorce or khul' (wife-initiated divorce). It draws on comparative family law and relevant international instruments. Particular attention is given to the 1989 United Nations Convention on the Rights of the Child. The central question is whether national laws and procedures adequately protect the best interests of children in custody and shield them from the harmful effects of family disputes. The study adopts a comparative analytical approach. It examines two connected dimensions of child protection. The financial dimension covers maintenance, including food, clothing, housing, healthcare, and education. The non-financial dimension concerns custody, visitation, and educational guardianship.

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