Family law relating to child custody in Pakistan
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Abstract
In Pakistan, family law concerning child custody is derived from the Holy Quran, which outlines detailed rights and obligations for minors. In divorce cases, guardian courts assess the child's welfare and resolve parental disputes. Surah Nisa in the Quran explicitly addresses the maintenance responsibilities of parents. If biological parents are deceased, maternal relatives are prioritized for custody. These laws are based on the Quran and Sunnah. Physical custody refers to the child's living arrangements, while legal custody involves adoption or when both parents are deceased. In Islam, single mothers have the right of Hizanat (custody) for both boys and girls and cannot be deprived of it. In Pakistani culture, extended families often mediate in disputes to maintain family harmony.
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