Custody and physical care of a child.
In Islamic law
Hadanah concerns day-to-day care and is distinguished from wilayah, guardianship over the child's property and major decisions. Classical rules set out an order of entitlement, often favouring the mother in early childhood.
In Canadian law
Canadian courts decide guardianship on the best interests of the child. A testamentary appointment is influential but not binding — in Ontario it holds for 90 days before a court application is needed.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Contested guardianship application ontario
- Evidence needed guardianship application ontario
- Cost of guardianship application ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Contested guardianship application ontario — Treadstone Law
- Evidence needed guardianship application ontario — Treadstone Law
- Cost of guardianship application ontario — Treadstone Law
- Emergency guardianship application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law