CHILD CUSTODY DISPUTES IN THE MALDIVES AND PAKISTANI FAMILY LEGAL SYSTEMS: CHALLENGES AND WAY FORWARD

Mausooma Farooq; Najibah  Mohd Zin; Khadheeja  Rasheed; Ghulam  Dastagir

doi:10.31436/iiumlj.v32i1.906

Authors

Mausooma Farooq PhD Candidate, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
Najibah Mohd Zin Professor, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
Khadheeja Rasheed Assistant Professor, Faculty of Shariah and Law, Maldives National University, MNU
Ghulam Dastagir Research Fellow at Department of Criminology, University of Karachi, Pakistan

DOI:

https://doi.org/10.31436/iiumlj.v32i1.906

Keywords:

Custody of Minor, Family Law, Joint Custody, Shared Parental Responsibilities, Maldives, Pakistan

Abstract

This article examines the effectiveness of child custody laws in the Maldives as well as Pakistan. Unfortunately, within the family courts, custody of the child is among the many unresolved issues parents choose litigation for, and it often takes months to reach a conclusion. In the family justice system of the Maldives as well as in Pakistan, parents only have the option of sole custody. In cases where the father has sole custody of the child, he may deny the mother visitation rights, and vice versa if the mother has custody. Against this backdrop, this article examines the present approach to child custody matters in the contexts of the Maldives and Pakistan post-family separation. The study aims to ascertain how family courts interpret the concepts of 'welfare of the minor' and 'best interests of the child' within the framework of existing laws. Additionally, it examines whether these courts implement arrangements for shared parenting or joint custody, as observed in various jurisdictions, and evaluates the judges' comprehension of the modern concepts of joint custody or shared parental responsibility in the Maldives and Pakistan. Employing surveys, interviews, and library research methods, this study examines the modern approach to child custody. Specifically, it investigates the concept of "joint custody" or "shared parenting" across different jurisdictions and advocates for its integration into the family justice systems of the Maldives and Pakistan.

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