احکام حضانت:منتخب فقہی تفاسیر کی روشنی میں تجزیاتی مطالعہ

Child Custody Rulings: An analytical Study in the Light of Selected Jurisprudential Exegeses

Abstract

This study delves into the rulings of Islamic Shariah regarding child custody (ḥaḍānah), analyzed through the lens of two classical interpretations: Tafsir Ahkam al-Qur’an by Al-Jassas and Tafsir al-Qurtubi by Al-Qurtubi.

The study examines the legal and ethical aspects of child custody as derived from Quranic injunctions, as interpreted in these tafsirs.

The research systematically presents the authors’ methodology, extracts rulings related to child custody and elaborates on their application in contemporary contexts. It also compares the interpretations to identify points of convergence and divergence in their understanding of Shariah principles.

The findings reveal a profound alignment of both tafsirs on fundamental principles of child welfare, prioritizing the best interests of the child within the Shariah framework. The study recommends revisiting classical interpretations in the light of contemporary challenges, ensuring their relevance and application in modern family law disputes. Furthermore, it advocates for integrating such tafsir-based jurisprudence into legal systems to address custody issues effectively.