Hadana

Hadana refers to the "custody" or "guardianship" of a child in Islamic law. It primarily focuses on the physical care, upbringing, and protection of the child's interests following a divorce or the death of a parent. Sharia prioritizes the "welfare of the child" (Maslaha al-Tifl) above all else. Typically, in the early years of a child's life, the mother is given the primary right of Hadana because of her natural capacity for nurturing. The laws of Hadana ensure that every child is raised in a safe, moral, and stable environment, reflecting the high value Islam places on the rights of children. Hadana (custody) is the right to raise and care for a child. It is separate from guardianship (wilayah), which includes financial responsibility and legal authority. The mother has the primary right to custody of young children. The Prophet said to a woman who sought custody of her child: "You have more right to him as long as you do not remarry" (Ahmad). The mother retains custody until the child reaches the age of discernment (about 7 years). After that, the child may choose between the parents, provided both are suitable. If the mother is deemed unsuitable (due to immoral behavior, apostasy, or neglect), custody passes to the maternal grandmother, then other female relatives, then the father. The father remains responsible for financial maintenance regardless of custody. Hadana is not a right of the parent but a trust for the benefit of the child. The goal is the child's best interest,physical care, emotional well-being, and moral upbringing. For believers, hadana is a sacred responsibility. Parents prioritize the child's welfare over their own desires. They provide a safe, loving, and Islamic environment. They know that they will be questioned about how they raised their children. The ultimate goal is to raise righteous children who will pray for them after they are gone.