Service - Syariah Practice

Our Syariah Practice

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Custody and Guardianship

In Shariah practice, custody and guardianship pertain to the responsibility for the care and upbringing of children. Custody (ḥaḍānāh) typically refers to the physical custody of children, often granted to the mother for young children (usually until a certain age), while guardianship (wilāyah) involves decision-making authority over the child's welfare and affairs. Shariah principles prioritize the best interests of the child, considering factors such as the parent's ability to provide care, moral upbringing, and financial support.

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Divorce

Shariah permits divorce (ṭalāq) as a last resort when marital harmony cannot be maintained, but it is subject to specific conditions and procedures outlined in Islamic law. The process of divorce in Shariah may involve unilateral pronouncement by the husband (ṭalāq), mutual agreement between spouses (khulʿ), or intervention by a religious authority or court. Shariah aims to balance the rights and responsibilities of both spouses during divorce proceedings, addressing issues such as financial support (nafaqah), child custody, and the division of matrimonial property.

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Matrimonial Property

Matrimonial property in Shariah encompasses assets and possessions acquired during the marriage, including real estate, financial assets, and personal belongings. Shariah principles emphasize the joint ownership and mutual responsibility of spouses for matrimonial property, regardless of the individual source of income or contributions. In the event of divorce or the death of a spouse, Shariah courts or authorities may oversee the division of matrimonial property, aiming to ensure fairness and the financial well-being of both parties and any dependents.