Hadhanah

Hadhanah is the legal term for the "right to nursing and child custody." Under Islamic jurisprudence, the primary purpose of Hadhanah is to ensure the child is raised by the person most capable of providing affection, education, and moral guidance. The right of custody usually belongs to the mother during the "age of discernment," provided she is capable and of good character. If the mother is unable, the right shifts to the maternal grandmother and then to other female relatives. Hadhanah is a duty and a trust, designed to prevent the child from becoming a victim of parental disputes. Hadhanah (custody) is distinct from guardianship (wilayah). Hadhanah refers to the physical custody and care of a child,the right to raise, nurture, and educate. Guardianship, which includes financial responsibility and authority over legal matters, generally remains with the father or his heirs. The mother has the primary right to custody of a young child. This is based on the principle that the mother is best suited to provide the care, affection, and nurturing that a young child needs. 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." The right of custody belongs to the mother until the child reaches the age of discernment (about 7 years), after which 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, and then to the father or paternal relatives. The father retains financial responsibility for the child regardless of custody. He must provide maintenance (nafaqah) for the child, including food, clothing, and shelter. Hadhanah is not a right that belongs to the parent but a trust for the benefit of the child. The goal is the child's best interest: their physical care, emotional well-being, and moral and religious upbringing. In cases where parents separate, the focus should be on what is best for the child, not on the parents' desires. In modern Islamic family law, the principles of Hadhanah are generally followed, with some modifications to adapt to contemporary circumstances. Courts consider the best interests of the child, including their welfare, education, and relationship with both parents. Hadhanah reminds that children are a trust from Allah, and their care is a sacred responsibility. It emphasizes the importance of the mother's role in early childhood, the father's financial responsibility, and the goal of protecting the child from the harm of parental conflict. It calls for prioritizing the child's welfare above all else.