Custody of Infant a comparative Study of Shariah andNational Law

Abstract

Upbringing of a child is called 'HIZANAT'. It is incumbent upon the guardians to bring
up the children and arrange for their basic education, otherwise the children are likely
to be spoiled and ruined. Following are the common preconditions for both ladies and
gents claiming for the entitlement of 'HIZANAT' wisdom, puberty, maturity, freedom,
trust and honesty, competence, safety of house and oneness of religion. Special
preconditions particular for men for the entitlement of HIZANAT are: (i) That man
should be living with a woman (his mother or sister) (ii) He should be in paternal
relation (paternal uncle or paternal grandfather). Special preconditions particular for
woman for the entitlement are (i) That woman should not be living with a woman
deprived of 'HIZANAT' (ii) She should not be married to a 'non-mahram' of the child. In
the light of the prevailing laws and court verdicts, welfare of the child, character of the
guardian, capability and relationship with the immature child are given proper
consideration. Inspite of entitlement of 'HIZANAT' a woman is deprived of it if she
marries a stranger, having her residence far from the father, leading immoral life or
carelessness in the upbringing of the child. The above mentioned conditions for
HIZANAT not only clarify the significance of proper upbringing of children but also
establish the criteria for eligibity of HIZANAT.