How Does a Mother’s Right to Custody Change After Divorce?
In Child Custody Laws in Pakistan are primarily governed by the Guardian and Wards Act, 1890 , along with Islamic principles that influence judicial decisions. After divorce, the rights and responsibilities of both parents change, and the mother’s custody rights (hizanat) are subject to several legal and religious considerations. This article explores how a mother’s right to custody is determined and how it changes post-divorce. Legal Framework Governing Child Custody The two main sources of law regulating child custody in Pakistan are: The Guardian and Wards Act, 1890 – This legislation sets the foundation for determining child custody and appointing legal guardians. Islamic Law (Shariah Principles) – Islamic jurisprudence significantly influences decisions regarding maternal and paternal rights over children. Mother’s Initial Right to Custody (Hizanat) Under Islamic law, the mother is given preferential rights to custody, particularly for younger children...