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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 |
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