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Essay On Child Custody In Pakistan

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Child custody law in Pakistan: Constitution of Pakistan states that all existing laws must be accordance with Quran and Sunnah. There is a sharia court called federal sharia court which adjudicate the Islamic matters and enforce the sharia law.
Debate on child custody: After the formation of Pakistan the government of Pakistan announced the formation of commission on Marriage and family law on 4 August, 1956. The question related to child custody raise in that commission. The question was that the mother is only entitled to custody of her child up to certain age i.e.: for male up to 7 year and for female till she attains the puberty. Although this limits has no legal authority either Quran or Sunnah but this limit has been fixed by opinion of …show more content…

In certain situations, child has to be given the option to choose between the two. Sometimes such circumstances may arise in which it would be appropriate to give the child to maternal grandmother or maternal uncle even in the presence of the parents. If it is not appropriate to hand over the child to the mother due to her religion or profession then the court will decide by itself to whom the custody may be granted.’
General view in Pakistan on Child Custody: The general view on the child custody in Pakistan after the divorce or dissolution of marriage the custody of child given to his father when the child is 7 year of age according to Hanafi fiqh, that this is supported by Islamic law as well as Pakistani law. Muslim family law ordinance 1961 is silent on this matter so there is no need to see the trend of court while deciding child custody.
Child Custody Laws in the Muslim World
Child custody laws in the three regions with Muslim majority population Middle East, Africa and

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