Child Custody in Pakistan under Family Laws

In Pakistan, child custody laws are primarily governed by Islamic law, with specific provisions outlined in the Guardians and Wards Act of 1890. According to Islamic law, custody of children is typically granted to the mother until a certain age, after which custody may shift to the father. However, the court retains the authority to determine custody based on the best interests of the child, considering factors such as the child's age, gender, and overall welfare. The Guardians and Wards Act provides a framework for appointing guardians and determining custody arrangements in cases of dispute or necessity. Additionally, Pakistan's legal system acknowledges the importance of maintaining a child's relationship with both parents, emphasizing the need for visitation rights and access arrangements.

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Publication Details

Journal
Wah Academia Journal of Social Sciences
Published
2024-12-15
DOI
https://doi.org/10.63954/wajss.3.2.36.2024
Primary Topic
Demographic Trends and Gender Preferences
Type
article
Field-Weighted Citation Impact
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article

Child Custody in Pakistan under Family Laws

Nasreen Aslam Shah
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Wah Academia Journal of Social Sciences
Demographic Trends and Gender Preferences
article

Child Custody in Pakistan under Family Laws

Nasreen Aslam Shah
article en

Abstract

In Pakistan, child custody laws are primarily governed by Islamic law, with specific provisions outlined in the Guardians and Wards Act of 1890. According to Islamic law, custody of children is typically granted to the mother until a certain age, after which custody may shift to the father. However, the court retains the authority to determine custody based on the best interests of the child, considering factors such as the child's age, gender, and overall welfare. The Guardians and Wards Act provides a framework for appointing guardians and determining custody arrangements in cases of dispute or necessity. Additionally, Pakistan's legal system acknowledges the importance of maintaining a child's relationship with both parents, emphasizing the need for visitation rights and access arrangements.

Wah Academia Journal of Social SciencesVol. 3(2)
Jinnah University for Women (PK)
Openalex Percentile: Top 59%
Demographic Trends and Gender Preferences
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