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Religion
Muslim Mother Granted Custody of Daughter Until Puberty Under Hanafi Law
✍️ Live Law
🗓 06 Oct 2026, 08:02 PM
👁 13
Under the Hanafi school of Islamic jurisprudence, a Muslim mother is entitled to primary custody of her daughter until the child reaches puberty, according to recent legal interpretations.
The Hanafi school of Islamic law, which governs the personal status of many Muslims in India, stipulates that a mother has the right to primary custody of her daughter until she reaches puberty. This provision is derived from classical juristic texts that emphasize the mother’s role in nurturing and protecting young girls.
Recent judicial pronouncements have clarified that the custody period extends up to the onset of puberty, after which the child’s preference may be considered. The ruling does not affect the father’s rights but establishes a default arrangement favoring the mother for daughters.
The decision is expected to influence custody disputes in family courts, providing a clear legal benchmark for judges handling cases involving Muslim parents. Lawyers advise that the mother should document the child’s age and developmental milestones to support the claim.
Legal scholars note that the ruling aligns with contemporary interpretations of Sharia while balancing the interests of both parents. They caution that the application may vary across jurisdictions depending on local court practices.
Recent judicial pronouncements have clarified that the custody period extends up to the onset of puberty, after which the child’s preference may be considered. The ruling does not affect the father’s rights but establishes a default arrangement favoring the mother for daughters.
The decision is expected to influence custody disputes in family courts, providing a clear legal benchmark for judges handling cases involving Muslim parents. Lawyers advise that the mother should document the child’s age and developmental milestones to support the claim.
Legal scholars note that the ruling aligns with contemporary interpretations of Sharia while balancing the interests of both parents. They caution that the application may vary across jurisdictions depending on local court practices.