📖 ABSTRACT/OVERVIEW
Islamic law distributes child custody and guardianship responsibilities through a framework that distinguishes Hadana (physical care) from Wilaya (legal guardianship), typically assigning Hadana to mothers for young children while legal authority remains with the father. The application of this framework in Katsina State Sharia courts generates complex disputes where the competing interests of children, mothers, and fathers require careful judicial balancing. This study examines how Wilaya and Hadana principles are applied in contested custody proceedings in Katsina State. A case study methodology is applied to thirty custody dispute files from Katsina State Sharia courts from 2015 to 2023, supplemented by structured interviews with eight Sharia judges and ten family law practitioners. The study investigates the criteria used to determine the child's best interests within the Islamic jurisprudential framework, the age thresholds at which custody transfers, and the impact of maternal remarriage on Hadana entitlement. Literature from northern Nigerian custody law identifies cultural pressure favouring paternal custody irrespective of the child's welfare needs as a systemic concern. Classical Maliki and Hanafi comparative positions on Hadana age thresholds and maternal qualifications provide the doctrinal framework. Findings are expected to reveal inconsistent application of welfare considerations across different court levels. Recommendations address standardised welfare assessment protocols, guardian ad litem appointment mechanisms, and legislative clarification of the age of Hadana transfer in Katsina State. Keywords: child custody, Wilaya, Hadana, Katsina State, Islamic family law.
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