📎📎⚖️👍💤 Issue of law, law fields, Aam Admi, HONORABLE JUDGES OF PAKISTAN, heart-wrenching realities & Great Pakistan...
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 naturally and legally obligated to safeguard their daughters' upbringing.
A "Great Pakistan" relies on a judicial system that honors the Constitution, respects Islamic jurisprudence, and protects the sanctity of the home. Therefore, the Honorable Courts and Legislative Bodies are urged to reaffirm strict adherence to the injunctions of Islam and ensure that the "welfare of the minor" is interpreted in complete alignment with Islamic principles regarding Mahram relationships, safeguarding minor daughters from the influence of non-Mahram stepfathers. Countless cases similar to the one depicted in this clip go unaddressed; now that this issue has come to light, taking official notice is a duty.
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