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.
