Farhan Khaliq Anwer Advocate; The Lords International [Magazine of Law & Law Fields]

This video clip is a documented media testimony to highlight that under Islamic Law (Shariah) and classical Muslim Personal Law, a mother’s primary right to physical custody (Hizanat) of a minor daughter is qualified. But a mother forfeits her preferential right of custody if she remarries a Ghair-Mahram (a man who is not a Mahram to the minor girl). ​The rationale behind this principle is to protect the child’s moral, physical, and psychological well-being by preventing her from living under the authority of a non-Mahram stepfather. Because placing a young daughter in such a household creates psychological friction, potential vulnerability, and violates Islamic domestic boundaries (Pardah and family structure). ​Regrettably, in custody proceedings across the family court system, a practice has emerged of awarding or continuing custody with mothers who have remarried Ghair-Mahrams. Derogation from Islamic norms in these matters causes distress and injustice to fathers, who are naturall...