Brunel University Research Archive(BURA) preserves and enables easy and open access to all
types of digital content. It showcases Brunel's research outputs.
Research contained within BURA is open access, although some publications may be subject
to publisher imposed embargoes. All awarded PhD theses are also archived on BURA.
Please use this identifier to cite or link to this item:
http://bura.brunel.ac.uk/handle/2438/27130| Title: | Pakistan |
| Other Titles: | Child Law and ‘Best Interest of the Child Principle’ in Custody and Guardianship Cases in Pakistan |
| Authors: | Shahid, A Khan, IA |
| Keywords: | Pakistan;child custody;best interest of the child;Islamic law;Guardian and Wards Act 1890;superior judiciary |
| Issue Date: | 21-Mar-2017 |
| Publisher: | T.M.C. Asser Press (Springer) |
| Citation: | Shahid, A. and . (2017) 'Pakistan', in Yassari, N., Möller, LM. and Gallala-Arndt, I. (eds) Parental Care and the Best Interests of the Child in Muslim Countries. The Hague: T.M.C. Asser, pp. 169 - 204. doi: 10.1007/978-94-6265-174-6_7. |
| Abstract: | Copyright © 2017 T.M.C. Asser Press and the authors. A general view prevalent in Pakistan based on classical Hanafi principles is that in cases of marital breakup the father is to be given custody of a male child at the age of seven and custody of a female child on her attaining puberty. However, the emphasis on the principle of the ‘best interests of the child’, as introduced in the Guardians and Wards Act 1890, remains a priority of the judges in Pakistan. This chapter traces the evolution and development of the best interests of the child principle in Pakistani child law. By including a review of judicial cases from 1997 to 2014, the chapter evaluates the application of this principle by the superior judiciary in Pakistan. |
| URI: | https://bura.brunel.ac.uk/handle/2438/27130 |
| DOI: | https://doi.org/10.1007/978-94-6265-174-6_7 |
| ISBN: | 978-94-6265-174-6 (ebk) |
| ISSN: | 978-94-6265-173-9 (hbk) |
| Other Identifiers: | ORCID iD: Ayesha Shahid https://orcid.org/0000-0001-7969-8525 7 |
| Appears in Collections: | Brunel Law School Research Papers |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| FullText.pdf | 609.77 kB | Adobe PDF | View/Open |
Items in BURA are protected by copyright, with all rights reserved, unless otherwise indicated.