🌍 Children, inheritance & global · #51
In what circumstances can a mother lose custody (hadhanah) of her child?
Act 303 s.83 lists, among others: marrying a man not within the prohibited degrees to the child if this affects the child's welfare, gross and open immorality, moving so as to prevent the father supervising the child, apostasy, and neglect of or cruelty to the child.
The qualifications for custody include being Muslim, of sound mind, of a suitable age, of good conduct and living in a safe place (s.82). The underlying principle is the child's welfare, since a guardian is a trustee who will be questioned (Sahih al-Bukhari 893). Custody is not lost automatically; the party seeking it must apply and prove the grounds at the Syariah Court, and the court weighs all circumstances, including the wishes of a child who has reached discernment. If custody passes on, it usually goes to the maternal grandmother or others in the set order (s.81). See the question on the mother's custody.
The qualifications for custody include being Muslim, of sound mind, of a suitable age, of good conduct and living in a safe place (s.82). The underlying principle is the child's welfare, since a guardian is a trustee who will be questioned (Sahih al-Bukhari 893). Custody is not lost automatically; the party seeking it must apply and prove the grounds at the Syariah Court, and the court weighs all circumstances, including the wishes of a child who has reached discernment. If custody passes on, it usually goes to the maternal grandmother or others in the set order (s.81). See the question on the mother's custody.