👩‍🍼 Hadana: The Custodial Care Concept in Islam

Delve into 'Hadana', the Islamic notion of custodial care by the mother or female relatives. Explore its variations across different schools of law, its significance, and the gender-specific details governing child custody and care in Muslim societies.

Definition and Expanded Meaning§

Hadana (Arabic: حضانة) refers to the custodial care and upbringing of a child, typically by the mother or other female relatives, during their formative years. This concept entails the responsibility of ensuring the child’s basic needs and welfare, including hygiene, education, and overall protection.

Etymology and Background§

The word “Hadana” is derived from the Arabic verb حضن (hadana), which means “to embrace” or “to nurse.” It epitomizes the nurturing and caregiving role that the caretaker undertakes during the early years of a child’s life.

Schools of Thought§

Hanafi School§

According to the Hanafi school of law, which is predominant in various Islamic countries, boys remain in the care of their mother or female relatives until around seven years of age. Girls stay with their mother until they reach the age of puberty, generally estimated at around nine to eleven years.

Maliki School§

The Maliki school provides different guidelines: boys stay with their mother until puberty, while the girls may remain with their mother until they get married.

Historical Context§

The societal need for clearly defined custodial care structures arises from the intrinsic communal and family-oriented lifestyles prevalent in early Islamic societies. This structured setup ensures both physical care and religious and moral upbringing align with Islamic teachings.

Cultural Differences and Similarities§

There’s a relative variance in how different cultures within the Islamic world interpret and practice Hadana. For instance, Eastern and Western Islamic societies might enforce these custodial regulations differently, influenced by local customs, legal adjustments, and evolving societal norms.

Synonyms & Antonyms§

Synonyms§

  • Custody (حضانة)
  • Guardianship (ولاية - Wilayah)

Antonyms§

  • Abandonment (التخلي - At-Takhalli)
  • Neglect (الإهمال - Al-Ihmal)

Damm (ضم)§

Damm in Islamic custodial law means the stage of custodial transfer from female relatives to male ones, emphasizing a boy’s need for male discipline and a girl’s need for male protection before marriage.

Wilayah (ولاية)§

Wilayah refers to guardianship and protection responsibilities vested in a family member, which may include both Hadana (Phase 1 of custodial care) and Damm (Phase 2 custodial care).

Exciting Facts§

  1. The role of Hadana significantly affects a child’s identity and social integration within the community.
  2. Custodial laws are adjusted to suit the best interest of the child while adhering to Islamic laws and principles.

Notable Quotations§

“The mother’s lap is the first school of the child.” – A common Islamic proverb emphasizing the importance of maternal care in child upbringing.

Further Reading and Literature§

For a deeper understanding of Hadana and related concepts in Islamic law, consider exploring the following books and articles:

  • “Child Custody in Islamic Law: Theory and Practice,” by Mona Siddiqui.
  • “Islamic Family Law in a Changing World,” edited by Abdullahi An-Na’im.
  • “Islamic Family Law,” series published by the International Institute for the Study of Islam in the Modern World (ISIM).


For more in-depth exploration and study on Hadana, consider engaging with the authentic Islamic jurisprudence texts or consulting widely respected scholars to grasp the nuances and modern applications of these custodial laws.


💡 “We are but custodians of our children, entrusted to nurture them with love and wisdom.” - Layla Al-Hassani, October 2023

Saturday, July 6, 2024

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