Mechanisms for Child Protection with Focus on Child Custody: Islamic Law and Case Studies of Pakistan and Jordan

Abstract

Islamic law has made the welfare of the child the criteria for settling the issue of custody in case of split family. The welfare criterion is at the center of all schools of Islamic law as well as Pakistani and Jordanian legal systems. The same criterion is used for determining other rights of the child under both legal systems. Under Pakistani law the minimum age in the province of Sindh and Punjab is 18 years for both boys and girls and 18 for boys and 16 for girls in the rest of the country. In Jordan the legal age for marriage is 18 but the court can reduce the same. Both Pakistani as well as Jordanian laws have provided various mechanisms for protection of the child.

Keywords: Child, custody, Pakistan, Jordan, Islamic law, minimum age, marriage, labour, responsibility