hizanat

Arabic/Persian · hi-ZAA-nut · Family and succession

Meaning. Under Muslim law, the right to custody of a young child, which belongs first to the mother.

Hizanat is custody of the person of a minor, as distinct from guardianship of the minor's property, which rests with the father. The mother has the first right. Under Hanafi law she keeps a son until he is seven and a daughter until puberty; under Shia (Ithna Ashari) law, a son until two and a daughter until seven. After her, the right passes to female relatives such as the maternal grandmother.

The mother may lose hizanat by misconduct, by neglecting the child, or by marrying a man not related to the child within prohibited degrees. In Indian courts these rules yield to the welfare of the child, which is the paramount consideration under s.17 of the Guardians and Wards Act, 1890, so a court may depart from the classical age limits.

Example

Although the girl was eleven, the court left her with the mother, holding that the rule of hizanat must give way to the child's welfare.

In Indian law

Section 17, Guardians and Wards Act, 1890

hizanat

Example

In Indian law

See also

Read more in the study notes