Law4u - Made in India

Who has the right to custody (Hizanat) of a Muslim child?

26-Feb-2025
Muslim Law

Answer By law4u team

In Muslim law, the right to custody (Hizanat) of a child primarily belongs to the mother, but it is subject to the welfare of the child. The rules differ between Sunni and Shia schools of law. 1. Mother's Right to Custody The mother has the first right to custody of the child during early years, as she is considered best suited for their care. In Sunni law, the mother retains custody: Son – Until he reaches 7 years of age. Daughter – Until she reaches puberty (around 9–12 years). In Shia law, the mother has custody: Son – Until he is 2 years old. Daughter – Until she is 7 years old. 2. Father's Right to Custody After the mother’s custody period ends, the father gets custody as the natural guardian. He has the right to control the child's education, property, and upbringing after the Hizanat period ends. However, if the mother remarries someone not related to the child, she may lose custody earlier. 3. Other Female Relatives' Right If the mother is unavailable or disqualified, custody goes to: Maternal grandmother Paternal grandmother Maternal aunts Paternal aunts 4. Welfare of the Child – Supreme Consideration Even though Muslim law provides these rules, Indian courts prioritize the welfare of the child under the Guardians and Wards Act, 1890. If the father is unfit or unable to care for the child properly, the court may grant custody to the mother or another guardian. 5. Can the Child Choose? After a child reaches a certain age (typically 9–12 years), courts may consider their preference in awarding custody. Ultimately, child welfare is the most important factor in custody decisions, and Indian courts can override strict personal law rules to ensure the best interests of the child.

Muslim Law Verified Advocates

Get expert legal advice instantly.

Advocate Prashantkumar Ekanath Nikalje

Advocate Prashantkumar Ekanath Nikalje

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery

Get Advice
Advocate Shiva Nayak

Advocate Shiva Nayak

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mohammad Yasar Khan

Advocate Mohammad Yasar Khan

Civil, Family, Muslim Law, Revenue

Get Advice
Advocate Prashant Bhadauriya

Advocate Prashant Bhadauriya

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Supreme Court

Get Advice
Advocate Abhijeet Dubey

Advocate Abhijeet Dubey

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Immigration, International Law, Labour & Service, Landlord & Tenant, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue, Banking & Finance, High Court, Muslim Law, Motor Accident, Patent, Startup, Trademark & Copyright

Get Advice
Advocate Zamir Ahmad Jafri

Advocate Zamir Ahmad Jafri

Criminal, Family, Muslim Law, Succession Certificate, Court Marriage

Get Advice
Advocate Mohammed Maqdoom Ali

Advocate Mohammed Maqdoom Ali

Domestic Violence, Divorce, High Court, Family, Property, Recovery, Child Custody, Civil, Anticipatory Bail, Muslim Law

Get Advice
Advocate Amita Katiyar

Advocate Amita Katiyar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Muslim Law, Property, Recovery, Succession Certificate, Tax

Get Advice
Advocate Amit Kumar

Advocate Amit Kumar

Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, GST, High Court, Muslim Law, Property, R.T.I, Tax, Anticipatory Bail, Arbitration, Family, Consumer Court, Domestic Violence

Get Advice
Advocate Faijan Khan

Advocate Faijan Khan

Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Muslim Law, Recovery

Get Advice

Muslim Law Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.