As per Lawkidunya, and online recourses, In Pakistan, Islamic principles play a significant role in shaping the laws and regulations related to temporary custody. Here are some key Islamic principles that guide temporary custody decisions in Pakistan:
Islamic Principles
1. Best Interests of the Child: Islamic law emphasizes the importance of ensuring the best interests and welfare of the child (Quran, 4:36).
2. Care and Protection: The Quran stresses the responsibility of caregivers to provide for the child’s physical, emotional, and spiritual needs (Quran, 17:24).
3. Justice and Fairness: Islamic law requires that decisions regarding temporary custody be made with justice and fairness, without favoring one parent over the other (Quran, 4:135).
4. Maintenance and Support: Islamic law obliges parents to provide financial support and maintenance for their children, regardless of custody arrangements (Quran, 2:233).
5. Parental Responsibility: Islamic law emphasizes the shared responsibility of parents in caring for their children, regardless of custody arrangements (Quran, 31:14).
6. Avoiding Harm: Islamic law prohibits causing harm to children, either physically, emotionally, or psychologically (Quran, 2:231).
7. Respect for Family Ties: Islamic law emphasizes the importance of maintaining family ties and relationships, even in cases of separation or divorce (Quran, 42:23).
Application in Pakistani Law
1. Guardians and Wards Act, 1890: This law, which governs guardianship and custody in Pakistan, incorporates Islamic principles, such as the best interests of the child and the responsibility of caregivers.
2. Family Courts Act, 1964: This law, which governs family disputes, including custody and guardianship, also incorporates Islamic principles, such as justice, fairness, and the avoidance of harm.
3. Pakistan’s Constitution: The Constitution of Pakistan, which is based on Islamic principles, guarantees the protection of family and children’s rights.
Conclusion
Islamic principles play a significant role in shaping the laws and regulations related to temporary custody in Pakistan. These principles emphasize the importance of ensuring the best interests and welfare of the child, justice, fairness, and the avoidance of harm.