Child Custody and Islamic Law

 

When couples go through divorce process, things seem to be quite complex and confusing. One of the most important things that must be kept in mind is that a large component of your case has related to your child and child custody. It has been found that child custody disagreements are the likeliest cause of animosity and disagreement in a divorce after financial issues. When you and your partner cannot reach a mutual agreement, the judge can intercede and apply Islamic laws on child custody to your situation and its circumstances.

How does Islam treat child custody from the vantage point of a mother?

While it is very important to have a Pakistani divorce lawyer, it is very important to understand child custody matters according to the Islamic law. As per the Islamic law, ‘Hadana’ instructs Muslims how to deal with issues regarding a child's physical custody. According to Hadana, the custody of the child automatically goes to the father, but there are many factors that play an important role such as the age of the child. 

When your child is a girl, you will be entitled to your daughter's physical custody until the age of puberty. In case the parents are not able to take the custody of the daughter at either age seven/the age of puberty, the relatives would be able to step in and take possession in his absence.

As we already know that the father holds strong cards when it comes to taking the custody of a child, he also holds the right to determine whether the child can travel internationally by obtaining a passport. An intervention order lawyer can help you have equal rights in this matter. 

So, we can say that mother can lose the custody of the child before the aforementioned ages in a few different ways. In case you have been found to be an untrustworthy parent, your physical custody rights to your child could be stripped.

The main thing you need to do is to have a professional Pakistani divorce lawyer by your side to fight for your rights.