As per Lawkidunya, In Pakistan, child custody laws for interfaith parents are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. However, the application of these laws can be complex and influenced by Islamic principles and customs.
General Principles:
1. Best interests of the child: The court’s primary consideration is the welfare and best interests of the child.
2. Mother’s preference: In cases involving young children, the mother is often given preference in custody matters, regardless of her faith.
3. Father’s rights: The father’s rights are also considered, especially if he is a Muslim.
Interfaith Custody Disputes:
1. Islamic law application: In cases involving a Muslim parent, Islamic law (Shariah) may be applied, which can affect custody decisions.
2. Non-Muslim parent’s rights: The non-Muslim parent’s rights may be limited or restricted, especially if the child is considered a Muslim.
3. Court discretion: The court has discretion to decide custody matters, taking into account the child’s welfare, the parents’ faith, and other relevant factors.
Challenges for Interfaith Parents:
1. Different legal systems: Interfaith parents may face challenges navigating different legal systems, such as Shariah courts and civil courts.
2. Biased decision-making: There is a risk of biased decision-making, with some courts favoring Muslim parents over non-Muslim parents.
3. Limited rights for non-Muslim parents: Non-Muslim parents may face limited rights and protections under Pakistani law.
Recent Developments:
1. 2019 Supreme Court judgment: The Supreme Court of Pakistan ruled that a non-Muslim mother can be granted custody of her child, even if the father is a Muslim.
2. Proposed amendments: There have been proposals to amend Pakistani laws to provide greater protection and equality for interfaith parents in custody disputes.
In summary, child custody laws for interfaith parents in Pakistan are complex and influenced by Islamic principles and customs. While there have been some positive developments, interfaith parents still face challenges and uncertainties in navigating the country’s legal system.