Custody Under Muslim Law
Custody Under Muslim Law
Custody of children under Muslim law primarily focuses on the welfare of the child, and the rules are influenced by both religious texts and judicial interpretations.
Types of Custody
Hadanah (Right of Custody)
The natural right of the mother to take care of the child.
Usually, mothers have the right to custody during the child's infancy and early years.
Rada’ah (Breastfeeding Period)
The child must be breastfed for two years, and during this period, the mother usually has custody.
Custody of Sons and Daughters
Infants (typically up to 7 years for boys, and until puberty for girls):
The mother generally has custody (hadanah) because of the child's tender age and need for maternal care.
After infancy:
For sons, custody usually shifts to the father or paternal relatives once the boy reaches the age of 7.
For daughters, custody may continue with the mother until puberty. After that, the father or paternal relatives have custody.
Factors Influencing Custody Decisions
Welfare of the child is the paramount consideration.
Courts may consider the moral and physical well-being of the child.
If the mother remarries or is deemed unfit, custody may be shifted.
Custody decisions can vary based on the child’s age, gender, and best interests.
Guardianship vs. Custody
Guardianship (Wilayah): Generally, the father or paternal grandfather is the guardian.
Custody (Hadanah): Usually with the mother during early years, focusing on care and upbringing.
Legal Framework
Muslim Personal Law (Shariat) Application Act, 1937 governs personal laws.
In India, courts try to balance Sharia principles with the child’s welfare under the law.
Do write to us if you need any further assistance.
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