International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis)
Aayesha Rafiq

This article attempts to deliberate on the child custody laws in classical Islamic texts and the contemporary Muslim World with special focus on development of child custody laws in Pakistan. For classical Islamic law, the article refers to the laws as stated in the compendiums of fiqh of sunni and shi’ i schools of thought as well as decisions of Prophet Mohammad (PBUH) his companions and leading Muslim jurists. For the purpose of this study, contemporary Muslim world is divided into Muslim majority regions of Central Asia and Caucasus, South Asia, Southeast Asia, North Africa, South Africa, West Africa, Horn of Africa and Middle East. A thorough analysis of customary practices, personal status laws and trends of courts in these Muslim majority regions is carried out. Effort is made to bring out similarities, differences and developments in child custody laws in contemporary Muslim world. The article is delimited to the discussion on child custody in cases of divorce, judicial separation or dissolution of marriage only. In the end it is suggested that uniform laws can be formulated for the entire Muslim world, in the light of Islamic principles and contemporary practices of the Muslim world.

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