Custody in Islamic Law: A Law Based on Presumptions

  • Mudasra Sabreen International Islamic University, Islamabad, Pakistan.

Abstract

Custody is a right of the child from its birth. Islamic law issues rules for custody in the light of the interest of the minor. In Islamic law custody goes to the mother unless she is disqualified and then to other relatives. This paper discusses and analyses the rules of child custody in Islamic law and argues that most of these rules are not divine. These are a product of ijtihad. A large extent of these rules is actually presumptions which may be rebutted in a given situation.

Author Biography

Mudasra Sabreen, International Islamic University, Islamabad, Pakistan.
Assistant Professor, Chairperson Department of Shariah, Faculty of Shariah and Law.
Published
2017-12-31
How to Cite
Sabreen, M. (2017). Custody in Islamic Law: A Law Based on Presumptions. Islamic Studies, 56(3-4). Retrieved from http://irigs.iiu.edu.pk:64447/ojs/index.php/islamicstudies/article/view/341
Issue
Vol. 56 No. 3-4 (2017): Islamic Studies
Section
Articles

Publication of material in the journal means that the author assigns copyright to Islamic Studies including the rights to electronic publishing. This is, inter alia, to ensure the efficient handling of requests from third parties to reproduce articles as well as to enable wide dissemination of the published material. Authors may, however, use their material in other publications acknowledging Islamic Studies as the original place of publication. Requests by third parties for permission to reprint should be addressed to the Editor, Islamic Studies.