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Custody Law after Divorce
This article explains Pakistani child custody laws, emphasizing that while mothers usually get custody (hizanat), the child's welfare is the court's primary concern.
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After divorce or khula (wife-initiated divorce), who will keep the child? This is where the most misunderstandings exist.
1. Hizanat — Generally the Mother's Right
Hizanat, meaning the right to raise young children, is normally given to the mother.
The right to raise young children is normally given to the mother.
2. Fundamental Principle: The Child's Welfare
However, the biggest principle is: the welfare of the child. The court looks at this in every case, and on this basis can also depart from the general rule.
The court looks at this in every case — and on this basis can also depart from the general rule.
3. The Father's Responsibility Does Not End
Remember this: even if the child is with the mother, the father remains the natural guardian, and is also responsible for the child's expenses.
Even if the child is with the mother, the father is the natural guardian and responsible for expenses.
4. The Guardian Court's Decision
The application for hizanat and the right of visitation — both are decided in the Guardian Court.
Applications for both hizanat and visitation are submitted to the Guardian Court.
In the light of the Quran and Sunnah
The Quran gives the mother the nursing and care of the child for two years, and lays down that neither the mother nor the father is to be harmed on account of the child (Al-Baqarah 2:233). The Prophet ﷺ told a mother: "You have more right to him as long as you do not remarry" (Sunan Abi Dawud).
The 'welfare of the child' test in the Guardians and Wards Act 1890 sits comfortably with that tradition.
Schools of fiqh differ on details; consult a qualified scholar and a lawyer before acting.
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child custody law in pakistan after divorce · bacha kis ke paas rahega · hizanat · guardian court pakistan · custody law pakistan urdu · rulebook · pakistan law in urdu