Under the classical Hanafi rule of hizanat, who ordinarily has the preferential right to physical custody of a married girl who has yet to attain puberty?
Question and options
Under the classical Hanafi rule of hizanat, who ordinarily has the preferential right to physical custody of a married girl who has yet to attain puberty?
husband
father
mother
father-in-law
Answer and explanation
Correct answer: C - mother
The classical Hanafi rule gives the mother preferential physical custody, including as against the girl’s husband before puberty. Nur Kadir v. Zuleikha Bibi illustrates that rule.
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