CUSTODY AND GUARDIANSHIP OF CHILDREN ACCORDING TO MUSLIM JURISPRUDENCE IN PAKISTAN

Custody means taking care of the one who has not reached the age of discernment and cannot live independently, and raising him in accordance with his best interests and protecting him from anything that may harm him. Main types of child custody are Joint custody, Sole or full custody, Split custody, Non-parental or third party custody. Maintenance of children is obligatory upon the father according to scholarly consensus. The GWA (Guardians and Wards Act 1890) (No VIII) is applied in Pakistan for the cases that are filed for guardianship. The determining factors for winning custody include parent’s needs; the child’s needs; the child’s interaction with parents, siblings and ones closely related who may affect his emotional stability and peace of mind, and the child’s adaptation in given environment. Certain legal standards are applied for granting child custody to ensure the best interest of the child.