Educational and Moral Responsibilities of Guardians in Islamic and Contemporary Legal Frameworks: A Comparative Study on Ḥaḍānah (Custody)

Abstract

This paper explores the educational and moral responsibilities of guardians (awliyāʾ) towards children under their custody (ḥaḍānah) from both classical Islamic jurisprudence and contemporary legal perspectives. Drawing upon foundational sources in the Qur’ān, ḥadīth, and the juristic opinions of the four Sunni schools of thought Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī the study highlights the legal, ethical, and educational dimensions of guardianship. Emphasis is placed on the obligation of the guardian to ensure not only physical protection but also the intellectual, spiritual, and technical development of the ward, including the provision of religious instruction, adab (etiquette), literacy, and vocational skills.
The paper further discusses the Islamic emphasis on the child's right to maintain contact with both parents post-divorce, analyzing the rules around visitation, maternal affection, and the prevention of emotional alienation. Contemporary Pakistani case law is examined to illustrate how judicial decisions prioritize the best interests of the child, especially in relation to education and psychological well-being, within the framework of the Guardians and Wards Act, 1890.
The study concludes that ensuring a child’s proper education and character development is a legal, moral, and spiritual responsibility of the walī, upheld in both Islamic jurisprudence and modern legal systems. Through a comparative lens, this research reaffirms the relevance of Islamic legal ethics in contemporary debates about child custody, guardianship, and welfare