FEBRUARY 19 — Both the Shariah — that is, Islamic law — and the civil law recognise that the paramount consideration to decide the custody of a child is the welfare or interest of the child.
“[W]hen all the relevant facts, relationship, claims and wishes of parents, risks, choices and other circumstances are taken into account and weighed, the course to be followed will be that which is most in the interests of the child’s welfare.” [1981] 2 MLJ 236, where the Justice Ajaib Singh said: Taking into consideration that the welfare of the children could be best served with the mother, the Federal Court allowed the mother’s application. This despite the reluctance of the courts to allow the children to be taken out of the jurisdiction.
So both the Shariah and the civil law are in agreement that the welfare or interests of the child are the paramount consideration in deciding disputes relating to custody. And this is embodied in the written law.