mohammad y. Q. The Impact of Drug Use on Custody Revocation )A Comparative Study(

Abstract

             The family represents the most important societal system, and its stability ensures the security of society. The law has attempted to surround the family with a set of legal rules that aim to protect it from various challenges that could threaten it, or divert it from its role in ensuring societal security, being the nucleus of society. The family bond has been affected by the increasing phenomenon of drug abuse and addiction. Addiction has transformed from a mere problem into a societal phenomenon, indicating its widespread prevalence, especially with the numerous harms and negative effects it imposes on both the addict and their family, including the child in custody, who is considered the weakest party and most deserving of care. Ensuring the well-being of the custodian, whether the father or the mother, plays a vital role in maintaining family stability, as well as in the upbringing and character development of the children.  The law has acknowledged this fact, emphasizing the need to consider the physical and mental fitness of both parents. It also permits the termination of custody if either the father or mother is addicted to or abusing drugs. However, it is noticeable that the Iraqi Personal Status Law does not explicitly list drug addiction as a danger that may undermine family life. Therefore, this research aims to highlight the possibility of achieving societal security by providing legal protection to the child in custody from the risks posed by a drug-addicted or drug-abusing custodian. This study examines whether the current legal provisions are sufficient to provide such protection, or if amendments to the law are necessary to effectively combat the scourge of drug addiction.