ENGLISH: Custody of Children: An Analysis of the Guardian and Wards Act in light of Islamic Law

Abstract

Law on the custody of children, though the most important aspect of family law, appears to be neglected the most. The principles have been derived from the Guardian and Wards Act, 1890, but said Act primarily deals with the Guardianship and not the custody of children and both are independent and distinct subjects. The detailed principles on the law of custody of children have not been given in this Act either, which has resulted into conflicting views of the courts on the custody of children in Pakistan. The custody children is also the matter of Muslim personal law, but the Courts even acknowledging the said fact, have neither consulted original sources of Islamic law nor applied the same in the matters pertaining to the custody of children, which further leads to inconsistent application and deviation from the principles of Islamic law in these matters. Therefore, it is imperative to amend, rather restructure the law pertaining to the custody of children absolutely in accordance with original sources of Islamic law.