In Pakistan, custody laws concerning minors are primarily governed by Islamic law and the Guardians and Wards Act

of 1890. These laws outline the rules and procedures for the custody and guardianship of minors, aiming to ensure the welfare and best interests of the child in such matters.

Islamic Law and Custody:

Under Islamic law, the principles of ‘Hizanat’ govern the custody of minors. This is based on the belief that during early childhood, the mother is typically granted custody. The general principle emphasizes that the mother is considered the natural guardian and is entitled to the custody of her children until a certain age.

Guardians and Wards Act, 1890:

The Guardians and Wards Act provides a framework for the appointment and duties of guardians for the care and protection of minors. The Act allows the court to intervene and make decisions regarding the guardianship and custody of minors in situations where there might be disputes or concerns about the welfare of the child.

Key Aspects of Minor Custody in Pakistan:

1Mother’s Custody:

The general principle in Pakistan, aligned with Islamic law, is that young children (usually up to a certain age) are placed under the custody of their mothers.

2. Best Interest of the Child:

The primary focus of custody laws in Pakistan is the best interest and welfare of the child. The court considers various factors, such as the child’s age, preferences, educational needs, and overall well-being when making custody decisions.

3. Legal Proceedings:

In cases where custody disputes arise, legal proceedings may occur in the family courts. The court aims to resolve disputes by considering the circumstances and ensuring the welfare of the child.

4. Father’s Right to Custody:

As the child grows older or reaches a certain age, custody may shift to the father, particularly for male children. However, the focus remains on the child’s best interest and welfare in making such determinations.

Case Law:

In the case of “Nashit Akhtar vs Uzma Khan,” the Lahore High Court examined a dispute over the custody of a minor child. The court emphasized the paramount importance of the child’s welfare and ruled in favor of the mother, considering her as the more suitable custodian for the child’s upbringing and well-being.

The court’s decision highlighted the fundamental principle that the best interest of the child holds priority in custody matters, even when following Islamic guidelines or traditional custody preferences. The ruling also emphasized the importance of assessing the specific circumstances of each case to determine the most suitable custodian for the minor child.

In conclusion, custody laws in Pakistan, primarily influenced by Islamic law and the Guardians and Wards Act, prioritize the best interest and welfare of the child. The courts aim to resolve custody disputes by considering the child’s needs and circumstances to ensure a suitable and nurturing environment for their upbringing.