FATĀWĀ RELATED TO WOMAN RIGHT OF CHILD CUSTODY IN PAKISTAN, INDIA AND EGYPT: AN ANALYSIS

Abstract

Islam has provided all the rights to Children. They need support and care from both parents because with parents they grow positively in the society. Parents have full right over their children due to which they are given duty and responsibility to look after their affairs. They should avoid neglecting them and their focus should only be the best upbringing of children. Parents are role models for them. Custody of children is an important right of them and parents should in case of separation consider its importance. Islam has also given preference to the child in case of separation among spouses. Children are sons and daughters born out of parents with the effect of wedlock relationship. On failing of marriage, next important duty of both husband and wife is to decide the custody of the children or child. Scholars have differentiated between child custody and child maintenance. Child custody basically means to have guardianship over children till they reach to the age of puberty. Custody is always recommended in Islam for child’s welfare. Where he or she can be lived in better environment from father or mother. His interest is given priority to choose with whom he wants to live. The present paper is the Analytical study of Child custody as a right of mother according to the Mufti’s of Pakistan, India and Egypt.