• Km. Atul Verma
• Dr. Manisha Saini

The personal and general law applicable to every community in India, in the relation to the custody and guardianship of the child, gives paramount importance to the welfare of the child. The burden of physical and mental care of the child rests on the mother in every personal law applicable in India, taking care of a child better than mother is not possible by any other person. Therefore, Muslim law also gives the mother right of custody (hizanat) of the child. Under Sunni school. The mother has the right to the custody of male child till the age of 7 years and female child until she has attained puberty and under Shia law mother is entitled the custody of male child till the age of two years, and the mother is entitled to the custody of her female child till the age of 7 years. In Muslim law, after attaining the prescribed age of the male and female child, the right of custody ceases to be converted into the right of guardianship (wilayat), which is transferred to the father, i.e. the right of custody assume the form of guardianship, the complete responsibility of guardianship lies on the father and father’s side. But if the child is illegitimate, whether the child is male or female, in Muslim law, the burden of bringing up such a child rests only on the mother, if the mother is absent then this burden falls on the maternal side. Therefore, Muslim mother has the right to the custody of both legal and illegal child, but there are many such circumstances described in Muslim law where the Muslim mother is deprived of the right of custody.

Legitimate, Illegitimate, Wilayat, Maternity, Walad al- Zina, Hizant.

"Right of Mother on the Custody and Guardianship of Legitimate & Illegitimate Child under Muslim Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 6, page no.c133-c141, June-2022, Available :http://www.jetir.org/papers/JETIR2206215.pdf

"Right of Mother on the Custody and Guardianship of Legitimate & Illegitimate Child under Muslim Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 6, page no. ppc133-c141, June-2022, Available at : http://www.jetir.org/papers/JETIR2206215.pdf