ABSTRACT
The issue of the welfare of the child does not arise in a vacuum. Its content is formed in accordance with the juridical context in which it arises, but equally, in accordance with the legal forum which has been charged with resolving it. The competence of the Rabbinical court to deal with matters of guardianship and custody of children is conditional upon the agreement of all the parties. The jurisdiction of the Islamic court in matters of custody of children and guardianship is exclusive by virtue of art. 52 of the Order in Council, 1922, whereas the jurisdiction of the Christian courts and the Druze religious court in these matters is concurrent. The fact that the legislator adopted only parts of the religious laws clearly indicates that there is no obligation to follow the rules of halakhah concerning children above the age of six years.
