study of the criteria governing the expediency of the custodial child in Iranian law, Egypt and the jurisprudence of Islamic religions

The Iranian legislature considers child custody to be the right and duty of the mother until the age of seven, and the Egyptian legislature considers the right of mother to the age of fifteen to be the priority of the father. However, in the event of a dispute after these ages, the custody of the child is at the discretion of the court, in the best interests of the child. The best interests of the child have a relative meaning and It means observing the good of the child and a decision based on attracting material and spiritual benefits for her/him. Islamic jurists and The Iranian and Egyptian legislatures have not set out any explicit criteria for determining the best interests of the child and for the judge to decide whether to keep the child with the mother or to hand him over to the father or another. Considering the silence of the criterion governing the interests of the custodial child and the necessity of determining it in court cases, the present article has explained the governing criterion by descriptive-analytical method with the aim of explaining the proposed views. The judge should pay attention to the psychological, psychological and health criteria when making a decision in this regard, and in case of conflict, he should choose the mental criterion over the health criterion. If the parents' ability is the same in these two criteria, use the child selection criterion as a complementary criterion