Hadāna

Hadāna

Hadāna (Ar. حَضانة, Tr. Hadâne) is a term in Islamic jurisprudence referring to the custody and care of a child, primarily centered on custodial rights and responsibilities.

Etymology

The term Hadāna originates from the Arabic root word “ḥaḍana,” which means “to embrace” or “to care for.” This term is intricately associated with maternal nurturing and caregiving responsibilities.

Definition and Practice

In Islamic law, Hadāna refers to the care of a child by the mother or female relatives until the child no longer requires a woman’s nurturing. This includes the phase when the child needs assistance with eating, drinking, bodily functions, and purification practices.

Custodial Stages and Gender-Specific Rules

• Boys: Custody generally remains with female relatives until around the age of seven years. Post this, the responsibility transitions to male relatives in a phase known as damm, based on the Islamic legal system, particularly noted in the Hanafi school of thought.
• Girls: A girl remains under female custody until puberty, generally estimated between nine to eleven years of age. After reaching puberty, the girl transitions to the custody of male family members for protection and discipline.

Different Islamic jurisprudential schools have nuanced interpretations of these stages:

• Hanafi School: Follow the aforementioned age limits quite rigidly.
• Maliki School: Permits boys to remain under the mother’s care until puberty and girls until marriage.

Detailed Custodial Hierarchy

• Primary Custodial Right (Hadāna): Initially belongs to the mother. If she remarries or is deemed incompetent, the custody moves successively to the maternal grandmother, the paternal grandmother, maternal aunts, paternal aunts, and sisters, shifting in accordance with their availability and capability.
• Secondary Custody (Damm): Enforced custody initiated at later stage, generally carried by the father, followed by other male relatives (grandfather, uncle), especially critical if the mother can no longer care for the child effectively.

Legal and Social Implications

The rationale behind these custodial transitions focuses on ensuring the child receives maternal care essential in early childhood and paternal/male guidance for social and religious duties as they grow older.

This concept reflects socio-legal measures ensuring ethical, balanced upbringing grounded on Islamic values and cultural context, realizing the varying dynamics of parental responsibilities based on gender-related roles prevalent in the time of these rulings.

Recommendations for Further Study

1. Islamic Family Law by David S. Powers
2. Women and Shari’a Law: The Impact of Legal Pluralism in the UK by Elham Manea
3. The Religion of Islam by Maulana Muhammad Ali

Takeaways

• Custodial Transition: Emphasizes the gradual shift from maternal to paternal roles for the child’s holistic growth.
• Flexibility Among Schools: Recognizes diversity in interpretations and applications across different Islamic legal schools.
• Gender-Specific Guardianship: Differentiates between the needs of a boy and a girl reflecting changing social expectations and physiological needs.

Conclusion

Hadāna, within Islamic jurisprudence, exemplifies underlying societal values bestowed upon child custody and care frameworks. It articulates a structured yet flexible system based on age and gender-specific needs, resonating with Islamic legal norms and cultural practices.