Child custody rights (Hizanat) - Mother vs Father

Under Islamic Law and Guardian and Wards Act 1890, the mother has the right of Hizanat (custody) of male children up to 7 years and female children until puberty. However, the paramount consideration of the court is always the 'welfare of the minor'. The father remains the natural guardian and must pay for child maintenance, but physical custody is normally granted to the mother unless she is proved unfit.