What is Hizanat?
Hizanat in Muslim Law
1. Meaning of Hizanat
Hizanat means guardianship or custody.
In Muslim law, it refers specifically to the custody of a minor child, usually after the dissolution of marriage or death of parents.
It concerns who has the right and responsibility to care for and protect the child.
2. Who Gets Hizanat?
The natural mother usually gets custody of young children, especially minors.
After a certain age, custody may be transferred to the father or paternal relatives.
Custody is granted based on the child’s welfare and best interest.
Islamic law gives importance to the child’s physical, moral, and religious upbringing.
3. Types of Hizanat
| Type | Description |
|---|---|
| Hizanat al-Tifl | Custody of minor children |
| Hizanat al-Marid | Custody of sick or infirm person (less common) |
4. Key Points
Mother’s right to custody is generally recognized for young children (usually up to 7 years for boys, until puberty for girls, though this can vary).
The father or paternal relatives have the right to guardianship or supervision after that period.
Custody is not absolute; the court may intervene if the guardian is unfit.
The guardian must ensure proper education, religion, and welfare of the child.
5. Legal and Judicial Approach
Courts balance religious law and child welfare principles.
If parents separate, custody decisions revolve around the child’s best interests.
Courts may modify custody based on changing circumstances.
6. Relevant Case Law
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Though mainly about maintenance, the Supreme Court also discussed the welfare of the child as paramount.
Habib v. Habib (Delhi High Court)
The court emphasized custody based on the child’s well-being and suitability of the guardian.
7. Summary
| Aspect | Explanation |
|---|---|
| Meaning | Custody or guardianship of a minor child |
| Who gets custody? | Mother usually for young children; father later |
| Purpose | Child’s welfare, education, and upbringing |
| Court’s role | To ensure child’s best interest |
8. Conclusion
Hizanat is about protecting the rights and welfare of minor children in Muslim law by assigning custody to the most suitable guardian, usually starting with the mother and later to the father or paternal side, always prioritizing the child’s well-being.
RELATED Blog
0 comments