Within Pakistan’s family justice framework, this article critically examines the emotional and psychological effects of denying non-custodial parents and grandparents meaningful at-home visitation rights. The child’s developmental, emotional, and spiritual requirements are not taken into account by the current judicial practice, which frequently consists of brief visits supervised by the court. The paper argues, based on Islamic bioethical principles and the goals of Islamic law (maqasid al-shar’iah), particularly the preservation of mental well-being (if al-nafs) and kinship ties (ilat al-ra’m), that restrictions like these not only harm child welfare but also go against the spirit of Shar’iah justice. The study, which combines jurisprudential analysis, case law, and empirical child development research, reveals a disconnect between current legal practice and the fundamental Islamic and constitutional mandates to ensure the holistic well-being of the child

Matters pertaining to the separation of parents, such as custody and visitation, should ideally prioritize the welfare of the minor child. Unfortunately, our judicial system overlooks […]

Law of Interim Injunction in Family/Custody Cases Scores of appeals against visitation orders passed by Guardian Courts are pending settlement in practically each appellate court in […]

Role of Punjab Judicial Academy in the Administration of Child Custody Justice This article will discuss whether it is the function of Punjab Judicial Academy under […]

Backlog Of Child Custody Cases In Pakistan: Decreasing Delays Introduction This research paper intends on formulating a strategy for delay decrease and the prompt clearance of […]

Law Of Appointment Of Guardian Under The Guardian & Wards Act 1890 (Part–I) According to the principles of established Muslim jurisprudence, the father is the natural […]

Application Of The Principles Of Fair Play, Natural Justice And Due Process, In Guardianship / Child Custody Proceedings According to Article 4 of the Constitution of Pakistan, […]

A Case Against Bailiff Fee In Child Custody Litigation This article questions the authority of Guardian Judges at Lahore to fix bailiff fees for home visitation […]

Victims Of Parental Alienation Syndrome: Children Of Divorced Parents Can Easily Be Manipulated To Give False Accounts Court’s powers with regard to custody of minor are […]

Interim Visitation Schedule Of The Minor During Custodial Litigation A separation or divorce has many consequences for everyone involved – the individuals, the family and the […]

Suggestions To Improve Meeting Areas Of Guardian Courts In Lahore & Other Districts Of Punjab Contesting parents have an inherent right to visit their minor child, especially […]

Summary Of The Guardian & Wards Act 1890 The Act is divided into four chapters. The first Chapter (sections 1- 4 A) deals with certain preliminary […]

Welfare Of The Minor With A Therapeutic Perspective In Family Law Jurisprudence In Pakistan The parable of the houses built upon rock and sand is one […]

Approaches To Combat Parental Alienation During Child Custody Litigation Being a lawyer, I have witnessed that in most cases the flawed court systems were being manipulated […]

Indications Of Parental Alienation Syndrome & How To Counteract Its Effects Negligence impairs the overall development of nations, undermines people’s spiritual and material well-being, compromises human […]

Welfare Of The Minor And Responsibilities Of A Welfare State The worst possible thing that can happen in a child’s life, apart from losing a parent, […]

Shared Parenting and Visitation Rights During Child Custody Litigation The Need For Implementation Of Shared Parenting and Home Visitation Of Minors With Their Non Custodial Parents […]