Hizanat
Definition
The Muslim personal law doctrine of maternal preferential custody rights for young children, applying specific age thresholds for boys and girls; Indian courts have held that the welfare-of-the-child standard can displace hizanat entitlement where the child's welfare requires.
- Legal domain
- Muslim personal law, custody
- Default holder
- Mother, up to age thresholds by sex of child
- Overriding standard
- Welfare of the child, per Indian case law
- Relevance
- Family court and child custody evaluation
Common questions
Can hizanat be denied even before the age threshold is reached?+
Yes. Indian courts have held that the welfare-of-the-child standard can override the mother's hizanat entitlement where evidence shows custody with her would not serve the child's best interests.
What role does a forensic or clinical evaluator play in a hizanat dispute?+
An evaluator assesses parenting capacity, the child's attachment and expressed wishes where age-appropriate, and any risk factors, producing an independent welfare assessment the court weighs against the personal-law presumption.
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