A Preliminary Islamic Discourse On Child Custody
This study preliminary examines Islamic standpoint on child custody. In recent decades, child custody has become a critical issue of discussion between traditional religious laws and contemporary world laws. Traditionally, Islam provides an extensive theoretical and practical framework for child care, protection, rights, guardianship, and custody using a religious paradigm. In Islamic family system, the term custody refers to Hidhanat, which is considered as a fundamental right of the child. Significantly, Islamic teachings reflect upon various aspects of the child custody for which parents, guardians, and state are held accountable and responsible. The present study attempts to highlight the Islamic perspective on child custody. Firstly, the paper presents an introduction to the study. Secondly, the key terms are defined within the Islamic context. Thirdly, the article provides an extensive discussion on the aspects and issues relating to the child custody using the Quranic verses, Prophetic traditions and their interpretations. Fourthly, the findings of the study are summarized in the discussion section. Finally, the conclusion is given to the research and recommendations are mentioned. The present study uses a textual qualitative methodology employing a content analysis to explore the relevant verses, traditions, and their interpretations. This endeavor provides an Islami theoretical framework on child custody, which would be imperative for practical implications in the contemporary Muslim community globally.
Keywords: Islamicdiscourse,child, custody, Quran, Sunnah