Positive Developments in Muslim Family Laws

Ultimately, guardianship of children is determined by the courts on the basis of the best interest of the child.

Upon divorce, a mother can be appointed as guardian of her child if she has been granted custody of the child.

A court is mandated to grant the custodian the right to decide all questions relating to the welfare, guidance, upbringing and education of the child subject to what-ever conditions that the court thinks fit to impose.

A mother may manage urgent affairs of the children in the event the father is prevented from doing so. She may also assume guardianship of her children if: (i) she is over 18; and (ii) the father is not present due to his death, absence or incapacity.

Mothers who have custody of their children after divorce can obtain documents and conduct government business for their children. Mothers are thus able to register their children in schools, take them to health centres, and obtain identity documents for them.

Mothers who have custody of their children also has guardianship rights as regards travel, schooling, and management of finances. The court may award full guardianship to the mother if the father is deceased or unable to exercise his duties. Regardless, the mother has an equal right to supervise the child’s affairs.

Passport application forms allow either the mother, father, or guardian to sign the form when applying for a child’s passport.