GUARDIANSHIP & Parental Rights

UNDER MUSLIM LAW

NAME –KIRTIVARDHAN SINGH

SUBJECT – FAMILY LAW
Roll no.- 40
 GUARDIANSHIP

Natural guardian Appointed by the

Testamentary
court
 Appointed as a
 Is a person who has guardian of minor  In absence of both
legal right to control under a will natural and
and supervise the testamentary
activities of a child  Only father and in his guardian , court is
absence grandfather empowered to
 Father is recognized as can appoint it. appoint for the
natural guardian in all purpose of the minor
school of Muslim law  Female and non- person or property or
Muslim can also be both.
 In father absence appointed  The appointment is
executor and in shia governed by
law grandfather act as  In SHIA Non-Muslim guardianship and
a natural guardian cannot be appointed wards Act 1890
 Parental rights under Muslim law

The first and foremost right to have custody of children belongs to the
mother and she cannot be deprived of her right as long as she is not
found guilty of misconduct.

This right is known as right of hizanat and it can be enforced against

the father or any other person.

This right of mother was solely recognized in the interest of the

children and in no sense it is an absolute right
 Son

HANAFI SHIA MALIKIS

Mother right of Mother is entitled Mother right of
hizanat continues
hizanat terminates on to the custody of
till the child has
the latter completing the son till he is attained the age of
the age of 7 weaned puberty

The rule among the shafiis and the Hanabalis remain the same as
among the Hanafis . But this school hold the view that on
completing of the age of seven years , the child is given a choice of
living with either parent . But in every case , the father is entitled to
the custody of his son when it attains puberty.
 Daughter
Among the Hanafis the mother is entitled to the custody of her
daughter till the age of puberty

And among the Malilikis ,Shafiis & the Hanabalis the mother right of
custody over her daughter continues till the age of puberty.

Under the ithana ashari law the mother is entitled to the custody of her
daughter till the age of seven, irrespective of whether legitimate or
illegitimate .
Mather cannot surrender her right to any person , including her husband , the
father of the child.

Under the Shia school , after the mother , the hizanat belongs to the father . In the
absence of both the parents , or on their being disqualified , the grandfather is
entitled to the custody
 Father right of hizanat
• Muslim law recognized father right of custody of his
minor children under following two cases:(1)- on
completion of the age by the child up to which mother or other females
are entitled to its custody

(2)- in the absence of the mother or other females who have the right to hizanat
of minor children

Father right of hizanat continues till the child attains puberty.it appears that among
the shafiis and the hanabalis , the father is entitled to the custody of his female
children till they are married.
THANK YOU