APPRAISAL OF THE PARAMOUNT INTEREST OF A CHILD AS PRECURSOR TO GRANT OF CUSTODY SHARI'AH (ةناضحلا ) OF A CHILD UNDER SHARI'AH

Abstract

Custody (Hadana) in Islamic jurisprudence is primarily guided by principles derived from the Qur'an, 
Hadith, and juristic interpretations within the four major Sunni schools (Hanafi, Maliki, Shafi'i, and 
Hanbali), as well as Shia perspectives. In Islamic Family law, custody is usually granted to the mother; 
with whom it is believed the interest of the child would be best served, particularly during the child’s early 
years, emphasizing maternal care's importance in nurturing. Islamic law balances the rights and duties of 
both parents while prioritizing the child's best interests, a principle known as maslahah (welfare of the 
child). Therefore, father basically assume financial responsibilities and legal guardianships, overseeing 
matters relating to the child’s education, finances, and marriage arrangements. However, there are factors 
which may cause shift in custody ranging from such as the child’s age, the custodian’s ability to fulfill the 
child’s obligations, and circumstances that might be deemed harmful to the child's well-being. It must be 
noted however that Nigeria has numerous ethnic groups and customary laws vary broadly. Also, 
contemporary applications of custody in Muslim-majority countries vary, as interpretations of Islamic 
principles may integrate state laws, societal customs, and modern child welfare considerations. This paper 
through a doctrinal method appraises the provisions for child custody (Hadana) under the Shari’ah as 
affecting the Muslims’ children vis-à-vis how the interest of the children would be best served. The objective 
of this research is to sensitize many Muslim women who had little or no knowledge of their right to custody 
of their children. It was observed that though some Muslim women know their right to custody of their 
children but lack prerequisite power to fight for it when been overridden by men. Lastly, the paper concludes 
by making recommendations to Muslim women who may want to explore custody under Islamic law.