An Appraisal of Selected Cases on Hadanah (Custodianship) in Niger State Shari`Ah Courts

The work discussed the range of family status and judgement from Shar’ah perspective in which the Glorious Qur’an and Sunnah of the Prophet Muhammad (S.A.W) has laid down specific rules for the attainment of workable system for the general good of the family and society. The study therefore, exposed the duty of the couple in marriage and the custody of the children at their tender age. This paper aims at explaining the Islamic principle of the rules of (Hadanah) and the right of guardianship in simple terms so that the readers will avail themselves of the opportunity of putting these principles into practice. It is problems over the years that people particularly some parent’s do not understand their rights of upbringing of their children’s after divorce under Islam. Therefore, the order for this paper examines rules governing (Hadanah) and guardianship under Islam. Hadanah which means the side or part of the body that lies below the armpit also refers to providing care and guardianship for a minor until he (or she) reaches the age of puberty. Custody and care of minors is obligatory, in order to guard their bodies, intellects and religion. Caring and upbringing of the children is the parent`s obligation. If they are not available, then the closet relatives on the maternal side and so on are responsible. If they are also not present, then the government or the Muslim Community should take responsibility of the children. The actual purpose of guardianship is to maintain the child’s life, and his physical, and spiritual upbringing and care. Therefore, the right of upbringing and care of the child will be taken away from whoever is not fulfilling the very aim and purpose of the guardianship. When a mother gets married to a person who is not a relative of the child, her right to custody will be lost. The period of guardianship and care is valid until the young boy reaches the age of puberty. In the case of a young girl, it is until she gets married and has sexual relations with her husband. The word is used to express the action of a mother of birds using its wings to protect the young ones. It also in tells responsibility of maintenance and cost of maintenance, according to Islamic principles.