Yemen: Update to YEM22039.E of 13 November 1995 on whether a minor female under the care and custody of her mother, who is divorced from her father, is required to obtain the father's permission to leave Yemen to travel to foreign countries
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 20 October 2000 |
| Citation / Document Symbol | YEM35695.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Yemen: Update to YEM22039.E of 13 November 1995 on whether a minor female under the care and custody of her mother, who is divorced from her father, is required to obtain the father's permission to leave Yemen to travel to foreign countries , 20 October 2000, YEM35695.E , available at: https://www.refworld.org/docid/3df4bec618.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Please consult YEM35697.E of 20 October 2000 for information on custody and the role of the guardian under Islamic law.
In a 19 October 2000 telephone interview, an official of the Embassy of the Republic of Yemen stated that a minor girl in the custody of her divorced mother would definitely be required to obtain permission from her father to travel abroad.
A Professor of Political Science at the University of Guelph who has written extensively on Yemen and is a member of the American Institute for Yemeni Studies, also stated that a minor girl would require her father's permission to travel abroad, even if her parents were divorced and she was, at the time, in the care and custody of her mother (19 Oct. 2000).
An article in Arab Law Quarterly which explores the concept of custody in Islamic law discusses the impact of travel and changes in residence on custody:
Although the mother or other female custodians will normally have the hadanah of the child [be responsible for the child's care and nurturing while young], the father or other guardians still have the duty and responsibility, and hence the right to supervise and control the upbringing of the child. On this basis, the mother and the child are usually supposed to stay quite near to the father in order for him to have easy access to supervise the child. Thus if the mother wants to travel or move to another place this may affect her right to hadanah.
... If one of the parents wishes to travel to a far safe place, the child stays with the father whether he was the one who is moving or not unless he is moving to or staying in an unsafe place or travelling to a place that is not safe. If one of them wishes to move to another country and the journey is dangerous or the country is unsafe, the one who stays behind has priority to the hadanah, even if the child chooses to travel. . ... However, if the travelling is for a short time or for a short distance, within which the father is still capable of seeing the child everyday, or if news about the child can still reach the father, the child should stay with the custodian. This means that, for example, the custodian mother has the right to retain the child if she or the guardian travels only for a short distance. This, the important principle here is that the father, in his capacity as the guardian, is able to see, control, discipline, and have general supervision over the child ( 1998, 171-72).
Country Reports 1999 does not comment on the movement of children outside of Yemen but does state that:
women who travel abroad must obtain permission from their husbands or fathers to receive a passport and to travel. They also are expected to be accompanied by male relatives. However, enforcement of this requirement is irregular (2000).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see the list of additional sources consulted below in researching this Information Request.
References
Arab Law Quarterly (ALQ) [London]. 1998. Vol. 13, Part 2. Madhi Zahraa and Normi A. Malek. "The Concept of Custody in Islamic Law."
Country Reports on Human Rights Practices for 1999. 2000. United States Department of State. Washington, DC.
Embassy of the Republic of Yemen, Ottawa. 19 October 2000. Telephone interview with an official.
Professor of Political Science, University of Guelph, Ontario. 19 October 2000. Telephone interview.
Additional Sources Consulted
Amnesty International Urgent Appeals File. Resource Centre.
IRB Databases
LEXIS/NEXIS
Women Living Under Muslim Law (WLUML), various publications
World News Connection (WNC)
Yemen Country File. Resource Centre.
Unsuccessful attempts to reach two additional non-documentary sources.
Internet Sites including:
Amnesty International
Human Rights Watch
Middle East Centre for Women's Studies [London]
Middle East News Online
Sisterhood is Global
Women and Islam
Yemen Gateway Website
Yemen Times
Yemen Update, an online publication of the American Institute of Yemeni Studies
