Etymology and Definition 📚
The term Ḥiẓānah (حضانة) comes from the Arabic root ḥ-ḍ-n (حضن), which means “to embrace” or “to tend to.” It embodies the concept of guardianship and the physical and emotional nurturing a mother provides her children.
Comprehensive Definition 📝
In Islamic family law, Ḥiẓānah (حضانة) is the legal entitlement and responsibility of a mother or other female relatives to care for and raise a child, particularly in the early years of the child’s life. This custody is meant to ensure the child’s best interests, focusing on their nurturing and emotional support.
Cultural Context and Variations 🌍
- Hanafi School: The mother’s custody lasts until the boy reaches the age of seven and the girl reaches puberty.
- Shafi’i & Maliki Schools: The boy may stay with his mother until he reaches puberty, while the girl’s custody continues until marriage.
- Shi’a Perspective: Mother’s custody lasts until the child is weaned (approximately two years), extending to seven years for a girl.
Synonyms and Antonyms 📖
- Synonyms: Custody, guardianship, care.
- Antonyms: Neglect, abandonment, estrangement.
Related Terms and Definitions 🔍
- Wālī (وَليّ): The closest male guardian, typically the father, who assumes additional responsibilities after ḥiẓānah.
- Nafaqah (نَفَقَة): Financial support that a father is obliged to provide, complementing the nurturing role of the mother.
- Tarbiyah (تربية): Broad concept of education and moral upbringing in Islamic culture.
Exciting Facts 🌟
- Protection Clause: A mother’s right to ḥiẓānah may cease if she marries someone unrelated to the child, to ensure the child’s welfare is not compromised.
- Apostasy: A woman who converts out of Islam loses her right to ḥiẓānah over Muslim children to ensure continuity in religious upbringing.
- Ibn Majah Hadith: Emphasizes the paramount status of mothers in child upbringing through a hadith highlighting “Paradise is under the feet of mothers.”
Thought-Provoking Quotations 🗣️
- “The mother’s lap is the first school for a child." – Ibn Qayyim Al-Jawziyya
- “Your best veiling is your upbringing; behold, a caretaker is but a manicured starting point.” – Rumi
Suggested Literature and Further Reads 📚
- “Personal Law of Muhammadan” - Syud Amīr Ali
- “Introduction to Islamic Law” - Joseph Schacht
- “Marriage and Family in Islam” - M. Fethullah Gülen
Quizzes for Interactive Learning 📝
By exploring the depth and scope of ḤIẒĀNAH, we unlock profound understandings of Islamic jurisprudence. May knowledge always guide us towards the path of empathy and justice. Until next time, remember that education is the compass that leads to true wisdom.
With wisdom and reverence, Yasmine Abdur-Rahman October 2023
