Child Custody Rights of Mothers in Pakistan: Hizanat Rules

Under Pakistani law, mothers have the right of custody for sons until age 7 and daughters until puberty, with the welfare of the child being the overriding consideration.

Hizanat (custody) rules under Muslim personal law give the mother preferential custody rights for young children: sons until age 7 and daughters until puberty. After these ages, the father becomes the natural guardian. However, the overriding principle is the welfare of the child (S.17 Guardians and Wards Act 1890). The court can deviate from the age rule if the mother is found unfit or if the child's welfare requires it. The non-custodial parent has visitation rights. Courts consider: moral character, financial stability, living conditions, child's preference (for older children), and continuity of care.

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