The People Suited to be Granted Custody of Children in the View of Shiite Jurisprudence (Fiqh) and Civil Law

Custody is a legal right granted to the parent who ought to take care of and educate children until they reach the age of puberty. Due to the importance of custody is bringing up the children and its influence on their future and because many questions are raised in this regard, this subject is dealt with in this essay. Using a descriptive- analytical method, this paper concludes that, contrary to the views of most Shiite jurists and according to article No. 1169 of civil law (reformed in 1382- 2003), during the lifetime of the parents are, the custody of children male or female is granted to the mother until the age of seven. After this age it is granted to the father. If only one of the parents is alive, she/he has priority to other relatives in the custody of the children. If neither of them is alive, then, the custody is granted to the children's paternal grandfather. In case none of the mentioned guardians is alive, then the nearest relatives in the order of priority in inheritance.