حق حضانت۔ ایک قانونی و معاشرتی مسئلہ۔Right to the Child's Custody: An Analysis from Legal and Social Angles

Abstract

In a situatin of conflict or divorce between wife and husband there geerally arises the issue concerning the custody of child. Muslim scholars of Islamic law are not unanimous over who, father or mother, has the right to the custody of child.Some scholars are of the view that the mother has the right to the custody of the male child until he 7 year old, and that of the female one until her age of puberty provided that the mother does not get married to someone else. This atricle deals with the issue from the angle of child's welfare, and tries to come to the conclusion that if the child's welfare is taken care of by the father more than the mother , the father should be given the right to the child's custody, and vice versa.