Abstract

Mother, maternal relatives, father and paternal relatives have the right of custody (Hizanat) of the minors. Courts keep in view for determining future arrangement of custody of the minors and their decisions revolves around their welfare. Ahnaf does not give right of preference for minors. Shawafih gives the right of preference for both male and female mature minors. According to the Guardians and Wards act "If the minor is old enough to form an intelligent preference the court may consider that preference." Pakistani courts also consider the preference of mature minors opting the view of Shawafih instead of Ahnaf. The view of Shawafih regarding preference of minors seems preferable.