The Impact of Disobedience on Nursery in Islamic Jurisprudence

Abstract

This study deals with an issue of nursery issues, which is the effect of disobedience on nursery, and whether the disobedient proves his right to nursery.

This issue was a matter of disagreement among the jurists, as the doctrine of the majority of Maliki, Shafi’i and Hanbali jurists stipulates that the nurse  should be fair, and the right of the nurse is waived if he is disobedient, the Hanafi difference between disobedience, whether it transgresses the fostered child or not, so they dropped the right of the nurse  in the first type without the second, and among the jurists are those who did not require justice at all, but established the right of the disobedient  at all, and this was said by Ibn al-Qayyim, al-Shawkani and others.

This issue has been scientifically investigated by studying and discussing the evidence, and the study concluded with the weighting of the Hanafi school of thought, which is the distinction between disobedience, if it exceeds his disobedience  of the newborn, then he forfeits his right to nursery, and if his disobedience does not exceed the fostered child, then he does not forfeit his right.