Custodial Challenges: Islamic and Pakistani Law in Child Custody Matters

Abstract

This article explores the intricate issues of child custody disputes in Islamic and Pakistani law, emphasizing the deficiencies of the existing legal procedures and the resulting difficulties experienced by both children and parents. Courts persist in relying on antiquated statutes, despite the Guardians & Wards Act, of 1890, resulting in protracted legal disputes and emotional distress for all parties concerned. The absence of a comprehensive legal structure that specifically addresses the child's best interests worsens the problem, leading to conflicting rulings and extended distress. The paper advocates for immediate reforms, proposing a comprehensive legal framework that prioritizes the kid's well-being and simplifies custody procedures. The author advocates for revisions to current legislation or the creation of a new law to fill the gaps and promptly resolve custody disputes. This would help minimize the negative impact on children's psychological well-being and family connections. The failure to implement these reforms merely extends the duration of the distress experienced by children entangled in custody disputes, emphasizing the pressing necessity for legislative measures to safeguard their rights and welfare.