The role of custom in managing child custody : a juridico-psychological analysis in local context

Abstract EN

Child custody is one of most important matters in managing the after effects of divorce as far as their impact on the child is concerned.

guided by the general principles of the Quran and sunnah on parenting and parental role, classical jurists developed their own theory of managing such impacts in tandem with what was realistically work-ing for their time and environment.

with the changes in the pattern of parenting and traditional family structure in societies like Malaysia, it is suggested the fiqh of child custody has to be relevantised so as to result in minimizing debilitating after effects of parental separation on the children.

the current practice of mostly awarding the custo-dy to the mother is not a full remedy, thus this study using juridico-psychological meth-ods of analysis argues for finding juridical basis for joint-custody.

data related to the research were collected from print and internet sources.

the textual and content-analysis methods were used in interpreting the relevant data.

the research findings highlighted that the solution to the problem with regard to child custody should be in line with the modern psychological needs of the child so long it is within the parameters set by the shariah and brings greater benefit to the child.

moreover, if both the parents of the child are Islamic in their orientation of thinking, a joint-custody will be more re-warding towards the child‖s psychological needs and growth.