Child custody (hizanat): who gets the minor and when it changes

Custody petitions are decided by the Guardian Judge under the Guardians and Wards Act 1890. One principle overrides everything else: the welfare of the minor. The mother's preferential right (hizanat) is a starting presumption, not an entitlement — the Act's welfare test always governs.

Hizanat: the default

Under Hanafi rules the mother holds hizanat over a son until age 7 and a daughter until puberty. Courts follow this as a default — displaced only where the mother falls under a recognised disqualification: second marriage to a stranger within the prohibited degrees, misconduct endangering the child's moral upbringing, prolonged absence, or circumstances harming the child's welfare.

What tips the scales

Remarriage does not automatically disqualify — courts ask what the marriage means for the child. Financial capacity matters less than emotional care; the Guardian Judge weighs schooling stability, the child's own preference (where old enough), and each parent's conduct. Visitation is tailored to preserve the non-custodial parent's bond.

Interim custody can shift during trial on welfare grounds. Search 'hizanat welfare minor' in SanadAI for the verified authorities on each factor.