child custody
anil Kumar
(Querist) 02 August 2013
This query is : Resolved
Dear sir /mam
According to muslim law if the parents are divorced or separated to whom the responsibility of the child goes either father or the mother.?
If father at what age the child can be taken.
Ali
Advocate M.Bhadra
(Expert) 02 August 2013
Custody Under Muslim Law:
The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat and it can be enforced against the father or any other person. The mother’s right of hizanat was solely recognized in the interest of the children and in no sense it is an absolute right.
Son—Among the Hanafis, it is an established rule that mother’s right of hizanat over her son terminates on the latter’s completing the age of 7 years.
Daughter—Among the hanafis the mother is entitled to the custody of her daughters till the age of puberty and among the Malilikis, Shafiis and the Hanabalis the mother’s right of custody over her daughters continues till they are married.
Rajendra K Goyal
(Expert) 02 August 2013
First right is with the mother of the child.
Nadeem Qureshi
(Expert) 02 August 2013
both are liable to maintain their children
R.K Nanda
(Expert) 02 August 2013
nothing to add more.
anil Kumar
(Querist) 03 October 2013
till what age mother has responsblity for the child custody ???
if the mother re marries than what about child responsbility ...
