APPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY (الحضانة) OF A CHILD UNDER SHARI'AH

Abdulrazaak O. Zakariya

APPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY (الحضانة) OF A CHILD UNDER SHARI'AH

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APPRAISAL+OF+THE+PARAMOUNT+INTEREST+OF+A+CHILD.pdf(891.85 KB)

Date

2025-06-25

Authors

Abdulrazaak O. Zakariya

Publisher

DEPARTMENT OF JURISPRUDENCE AND PUBLIC LAW, FACULTY OF LAW, KWARA STATE UNIVERSITY, MALETE, NIGERIA

Abstract

Abstract Custody (Hadana) in Islamic jurisprudence is primarily guided by principles derived from the Qur'an, Hadith, and juristic interpretations within the four major Sunni schools (Hanafi, Maliki, Shafi'i, and Hanbali), as well as Shia perspectives. In Islamic Family law, custody is usually granted to the mother; with whom it is believed the interest of the child would be best served, particularly during the child’s early years, emphasizing maternal care's importance in nurturing. Islamic law balances the rights and duties of both parents while prioritizing the child's best interests, a principle known as maslahah (welfare of the child). Therefore, father basically assume financial responsibilities and legal guardianships, overseeing matters relating to the child’s education, finances, and marriage arrangements. However, there are factors which may cause shift in custody ranging from such as the child’s age, the custodian’s ability to fulfill the child’s obligations, and circumstances that might be deemed harmful to the child's well-being. It must be noted however that Nigeria has numerous ethnic groups and customary laws vary broadly. Also, contemporary applications of custody in Muslim-majority countries vary, as interpretations of Islamic principles may integrate state laws, societal customs, and modern child welfare considerations. This paper through a doctrinal method appraises the provisions for child custody (Hadana) under the Shari’ah as affecting the Muslims’ children vis-à-vis how the interest of the children would be best served. The objective of this research is to sensitize many Muslim women who had little or no knowledge of their right to custody of their children. It was observed that though some Muslim women know their right to custody of their children but lack prerequisite power to fight for it when been overridden by men. Lastly, the paper concludes by making recommendations to Muslim women who may want to explore custody under Islamic law.