👩‍🍼 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).

### What does the term "Hadana" denote? - [x] Custodial care of a child by the mother or female relatives. - [ ] Legal guardianship of property. - [ ] Sharia-compliant schooling. - [ ] Health care provisions in an Islamic state. > **Explanation:** Hadana refers to the child custody primarily designated for mothers or female relatives, ensuring the child’s welfare and upbringing according to Islamic principles. ### At what age do boys typically cease to be under Hadana in the Hanafi school of law? - [x] Seven years old. - [ ] Nine years old. - [ ] Eleven years old. - [ ] Fourteen years old. > **Explanation:** According to the Hanafi school, boys remain under Hadana until they reach around seven years of age, marking their transition to male custodial care. ### Until what age do the Malikis allow a boy to stay with his mother? - [x] Until puberty. - [ ] Until he is married. - [ ] Seven years. - [ ] Nine years. > **Explanation:** The Maliki school permits a boy to remain with his mother until he attains puberty, deviating from the practices followed by the Hanafi school. ### Which term is used to describe the next custody stage transferring from female to male relatives? - [x] Damm. - [ ] Hifz. - [ ] Qisas. - [ ] Talaq. > **Explanation:** Damm refers to the second custodial phase wherein the child moves from female to male relatives, continuing their upbringing and protection. ### What is the empirical age range for girls under Hadana in the Hanafi school in most cases? - [x] Nine to eleven years. - [ ] Six to eight years. - [ ] Thirteen to fifteen years. - [ ] Eighteen years. > **Explanation:** The Hanafi school generally considers nine to eleven years as the transitional period for girls moving from maternal care to male protection. ### Which school allows girls to stay with their mothers until marriage? - [x] Maliki School. - [ ] Shafi’i School. - [ ] Hanafi School. - [ ] Hanbali School. > **Explanation:** The Maliki school permits girls to be under their mother’s custody till marriage, unlike other schools which mandate transition to male guardianship at an earlier age. ### Hadana primarily belongs to the mother unless she undergoes which change? - [x] Remarriage. - [ ] Employment. - [ ] Relocation. - [ ] Retirement. > **Explanation:** The responsibility of Hadana usually belongs to the mother and may be lost if she remarries, contingent upon court decisions. ### Who takes over Hadana if both grandmothers are not available? - [x] Maternal or paternal aunts. - [ ] Male relatives only. - [ ] Community guardians. - [ ] State-appointed caregivers. > **Explanation:** In the absence of grandmothers for Hadana, the onus falls on maternal or paternal aunts or similarly qualified female relatives in line with Islamic principles.

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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