Privacy Law at Ethiopia
Here’s a refined and structured explanation of Custody under Muslim Law — useful for exams, assignments, or legal studies:
Custody Under Muslim Law (Hadanah)
Custody in Muslim law refers to the care and upbringing of a minor child, especially in early childhood. It is governed by the Islamic concept of Hadanah, which literally means "upbringing" or "nurturing."
🔹 Key Concepts
| Term | Meaning |
|---|---|
| Hadanah | Physical custody and care of a child, typically given to the mother. |
| Wilayah | Legal guardianship, including the right to make decisions (education, marriage, property). Usually held by the father. |
🔹 Who Has the Right to Custody?
Mother
Primary custodian during early years of the child’s life.
She has the first right to custody unless disqualified (e.g., remarriage to a non-relative of the child, immoral conduct, neglect).
After the mother, custody can go to:
Maternal grandmother
Maternal aunt
Paternal grandmother
Sister (in some interpretations)
Father (after the above female relatives or when the child reaches a certain age)
🔹 Age Limits for Custody
| Child | Custody Usually With | Until Age |
|---|---|---|
| Boy | Mother | 7 years (varies by school of law) |
| Girl | Mother | Until puberty |
⚖️ Note: These are general rules. Courts may override based on the best interests of the child.
🔹 Disqualification from Custody
A woman may lose custody rights if:
She remarries someone not related to the child (e.g., stranger to the child).
She leads an immoral life or endangers the child.
She is mentally or physically unfit to care for the child.
🔹 Father’s Role
The father is the natural guardian under Muslim law.
He retains wilayah (legal guardianship) even if the mother has physical custody.
After the age prescribed, the child may live with the father.
🔹 Principle of Welfare of the Child
Modern legal systems, including Indian courts, prioritize the welfare of the minor over rigid application of personal law rules.
Case Reference:
Gulam Abbas v. Razia (1981 AIR 2198)
Held that welfare of the child is paramount, even in Muslim personal law.
🔹 Statutory Provisions
Muslim Personal Law (Shariat) Application Act, 1937 applies Muslim personal laws in matters like custody among Muslims in India.
Guardians and Wards Act, 1890 empowers courts to override personal laws when child welfare is at stake.
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