How Effectively Do Child Custody Laws in Pakistan Address Modern Family Challenges?
Understanding Child Custody Laws in Pakistan has become increasingly important as families across the country experience changes in lifestyle, work patterns, and social structures. As more parents balance careers, pursue higher education, migrate for work, or engage in co-parenting arrangements, the traditional ideas surrounding custody are evolving. Pakistan’s legal system, rooted in Islamic jurisprudence and statutory law, now attempts to balance these evolving realities while protecting the child’s welfare above all else. Islamic and Statutory Foundations: The Core of Custody Decisions Pakistan’s custody framework is shaped by two primary sources: Islamic principles and the Guardian and Wards Act, 1890. Islamic jurisprudence introduces the concepts of Hizanat (physical custody) and Wilayat (legal guardianship). Historically, mothers received preference for early childhood custody, while fathers were considered natural guardians with responsibility for financial and legal matters....