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Shiavault - a Vault of Shia Islamic Books Child Custody in Islamic Jurisprudence Prologue Among the social units, family is the smallest and at the same time, the most important unit that comes into being through creating a marriage bond between a man and a woman. Although marriage has various functions, from among them reproduction, which is motivated by perpetuation of generations, enjoys a distinguished place. In order for such a function to be realized, three essential components, i.e.

father, mother, and child, are required to form an entity. The type of relationship they have, the way they interact, and their reciprocal duties have been open to discussion in legal systems of both civilized and uncivilized societies and are still seriously pursued. Islamic legal system, like other legal systems, has not been exempted from this issue. Given its integrity and thoroughness, the true religion of Islam has studied this issue from different perspectives.

Apart from many verses ( aya s) focusing on matrimonial issues (marriage) and separation of couples from each other (divorce), the Holy Qur’an has discussed such issues as pregnancy, breastfeeding, and their related problems in four different verses . In hadith collections, too, there are many traditions related to us from the (A.S.) dealing with the children's rights.

Similarly, great Shiʿa jurisprudents have on various occasions addressed the issues concerning mothers and children; however, they have started up an independent chapter to this end.

Researchers may study the legal views on breastfeeding and custody of children within the following sources: Kitab al-Nikah , the issues concerning two discourses of suckling ( ridhaʿ ) and guardians of marriage contract ( awliya’ al-ʿaqd ), Kitab al-Talaq , concerning pregnant woman's waiting period ( ʿidda ) after divorce), Kitab al-Luqata , concerning human foundling ( luqata ), Kitab al-Hudud , concerning implementation of legal punishment ( hadd ) upon pregnant and suckling women as well as implementation of legal punishment for apostacy upon an underage person, Kitab al-Makasib , concerning [receiving] wages for obligatory tasks, Kitab al-ʿItq and Kitab al-Bayʿ , concerning separation of a child from its mother, Kitab al-Taharat , concerning dependency ( tabaʿiyya ).