Child custody and guardianship provisions in Muslim family laws are primarily derived from fiqh rules developed many centuries ago by jurists who had fixed gender stereotypes about parental roles and children’s needs. While formulated with the best interests of the child in mind, these fiqh-based rules fail to serve the best interests of children in contemporary Muslim contexts.
The rules can complicate divorce proceedings and lead to increased acrimony and discord for parents and children. Evidence shows that both men and women are capable of and already actively participate in caring for children and protecting and providing for their families.
Governments must take steps to standardize ‘best interests of the child’ as the principle to determine both hadanah (physical care/custody) and wilayah (guardianship) responsibilities.
‘Policy Brief 6: Upholding the Best Interests of the Child in Custody and Guardianship’ outlines the case to reform child custody (hadanah) and guardianship (wilayah) provisions in Muslim family laws, which often discriminate against mothers and fail to serve the best interests of the children. Child custody and guardianship provisions in Muslim family laws are […]
‘Policy Brief 1: Why Muslim Family Law Reform? Why Now?’ outlines 10 fundamental facts to make the case for the reform of Muslim Family Laws, especially since resistance to reform is based on religious justifications. Many contemporary Muslim family laws continue to be based on classical fiqh rulings and outdated gender norms, and they reflect […]