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Right To Hizanat Case Study

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INTRODUCTION
Marriage is a union of two humans. More often than not marriages result in children. Some might even say reproduction is main aim and objective of the union through marriage. Parents take immense care of their children; they put them on a pedestal and dedicate their entire lives to the upbringing of their children.
But what happens in cases of divorce? When parents have exceeded their threshold and divorce is inevitable the settlement of child custody is very important. When we use the term ‘custody’ we must understand its legal meaning. Custody of a child, when parents divorce, only implies as to who the child will physically reside with . Both parents continue to be natural guardians. The custodial parent will be the primary caretaker responsible for the emotional, medical and educational …show more content…

The right to hizanat basically means that the mother has the primary right to custody of her children and unless she is proven to be guilty of misconduct, such a right cannot be taken away from her. This right is enforceable against the father and the idea of the right is in the interest of the welfare of the children only. The rules relating to custody under Muslim law can be understood in two categories: for son and for daughter.
The Shias believe that the mother’s right to custody of her son ends once he has weaned. The Hanafis believe that the mother’s right of hizanat exists till the son achieves the age of seven years. The Malikis, Shafeis, and the Hanbalis believe the mother has the custodial rights till the child attains puberty. For daughters, the Hanafis believe the mother has the rights over her daughter until she attains puberty whereas the Malikis, the Shafeis and the Hanbalis continue to exist till the daughter is married of. The Athna Asharia school of thought permits the mother rights of custody over her daughters only till they complete seven years of

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