Existing child custody acts already sufficient
Speaking to Sinar Harian, Zainul Rijal Abu Bakar said this is because these laws encompass all custodial rights within Islamic Law which are al-Hadhanah, al-Kafalah, and al-Wilayah.
He said, al-Hadahanah is a right related to the physical care of a young child, al-Kafalah is the responsibility of taking care of the child meanwhile, while al-Wilayah is matters related to the guardianship of the child.
“Al-Hadahanah is especially for young children who are not automatically given to their mother but the Syarie Judge needs to emphasize the welfare of the children.
“Al-Kafalah is related to the children who are considered Mumayyiz or who can discern what is right or wrong as well as choosing who they wish to live with.
“Al-Wilayah is related to care of an underage child and their property which usually is given to the father,” he said.
Zainul Rijal said all of the three aspects have their own "jurisprudence" or fiqh.
“Perhaps many people are still confused regarding child custody for Muslims.
“The matter is perhaps due to some of the people reading the Syariah laws in a lateral manner without examining the verses from the al-Qur’an, the sunnah or from the perspective of religious scholars,'' he said.
However, Zainul stated that joint custody rights in Malaysia are problematic to the children when there is no agreement between the parents.
“However, if there are agreements between the two parties, the Syariah court will not reject the granting joint custody of the child to both parents,'' he said
