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  • Chapter 34 - Custody Disputes and the Best Interests of the Child, from al-Murshid fī l-Qaḍāʾ al-Sharʿī (2008) by Qāḍī Iyad Zahalka

  • from Part V - Judicial Manuals and Reference Books
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 357-366

  • Summary

    This chapter discusses the section on child custody (ḥaḍāna) in al-Murshid fī l-Qaḍāʾ al-Sharʿī (‘Handbook for Islamic Adjudication’) written by the Muslim judge Iyad Zahalka (b. 1969), published by the Israel Bar Publishing House in 2008. The publication constitutes an important milestone for Islamic legal practice in the Israeli context, both for the prominence of its author and the content of the book itself. The manual deals with almost all matters of personal status and family law for Palestinian Muslims with Israeli citizenship. The section discussed here deals with the distinction between guardianship (wilāya) and custody (ḥaḍāna) in Islamic law and explores custody disputes. Zahalka posits legal protection of children as something due to God (ḥaqq Allāh), thereby justifying the notion that the interests of the child must always override the interests of the mother and father in custody cases, a prioritisation that ought to be reflected in custody decisions.