How Do Women’s Rights Activists View Custody Laws In Pakistan?

Hamza and Hamza
Jun 11
3 min read

In Pakistan, child custody laws are primarily governed by the Guardians and Wards Act, 1890, as well as Islamic principles and personal laws applicable to various religious communities. While these laws aim to prioritize the welfare of the child, many women’s rights activists argue that the existing legal framework often falls short of ensuring fairness and equity, particularly for mothers. Activists believe that Child Custody Laws In Pakistan reflect deep-rooted gender biases, lack of legal clarity, and systemic challenges that can disproportionately affect women.

The Mother’s Presumed Role

Under Islamic jurisprudence, which strongly influences Pakistani family law, mothers are usually granted Hizanat (physical custody) of minor children, especially during their formative years. The father typically retains Wilayat (legal guardianship), which includes the authority to make significant decisions regarding the child's upbringing, finances, and education. Women’s rights activists acknowledge that this framework does allow mothers to remain primary caregivers in most situations. However, they argue that this division of roles often undermines the mother’s legal authority over her own child and limits her participation in critical decisions.

Activists point out that once a child reaches a certain age (often 7 years for boys and puberty for girls), courts frequently transfer physical custody to the father unless the mother can prove that doing so would not be in the child’s best interest. This presumption, activists argue, reflects outdated notions of parenting and does not consider modern realities where mothers are equally capable of providing for and making decisions about their children's futures.

Judicial Discretion and Inconsistencies

A significant concern raised by women’s rights advocates is the wide judicial discretion in custody cases. Although the principle of "welfare of the minor" is supposed to guide all decisions, there is no uniform standard for what constitutes a child’s best interest. This allows judges’ personal beliefs, cultural biases, and varying interpretations of religion to play a significant role in custody outcomes under Child Custody Laws In Pakistan.

In many cases, mothers who are financially dependent, divorced, or who seek to remarry face greater challenges in retaining custody. Women’s rights activists argue that such factors should not automatically disqualify a mother from having custody, but in practice, these considerations often weigh heavily against them.

Legal Gaps and Enforcement Issues

Activists also highlight the lack of robust legal provisions for joint custody or shared parenting arrangements, which could enable both parents to maintain meaningful relationships with their children post-divorce. The absence of clear statutory guidelines leads to unpredictable rulings, prolonged litigation, and emotional strain for both parents and children.

Moreover, even when courts issue favorable custody or visitation orders for mothers, enforcement remains a major hurdle. There are numerous instances where custodial parents—whether mothers or fathers—face non-compliance by the other party, with little to no consequences for violating court orders. Women’s rights groups argue that the state’s weak enforcement mechanisms leave many women helpless in ensuring their legal rights are respected.

Social and Economic Pressures

In addition to legal challenges, women often face social stigma and economic disadvantages that compound their difficulties in custody battles. Divorce and separation are still highly stigmatized in many parts of Pakistan, and women who assert their custodial rights may face ostracization from family and community. Furthermore, limited access to legal representation and financial resources can make it difficult for women to navigate complex and costly legal proceedings.

Activists advocate for legal aid programs, greater awareness, and support networks to help women assert their rights. They also call for reforms that recognize the evolving role of women in Pakistani society, where many mothers are now equally or more qualified than fathers to provide both emotional and financial stability for their children.

Calls for Reform

Women’s rights organizations in Pakistan have consistently demanded comprehensive reforms to child custody laws.

Their proposals include:

Clear statutory provisions for joint custody arrangements.
Equal legal standing for mothers and fathers in making decisions about the child’s upbringing.
Stronger enforcement of custody and visitation orders.
Elimination of gender-based presumptions in custody decisions.
Legal aid and support services for economically vulnerable mothers.

In conclusion, women’s rights activists in Pakistan view the current custody laws as outdated and imbalanced. While some progress has been made through judicial discretion with the help of Hamza & Hamza Law Associates, much work remains to establish a system that truly serves the best interests of children while ensuring fairness and equality for mothers.

If you want, I can also prepare:

a more detailed legal critique
a policy brief version
or a version citing real cases or activist statements from Pakistan