Name: Mooz-lum
Released: 2011

Screening Room

Format

Film · Muslim history or life carries the story

Released

2011 CE · 1432 AH†

Countries

Languages

en (original)

Approach

drama of Muslim life

Depiction of sacred figures

The Prophet: Not applicable · Companions: Not applicable · Imams: Not applicable

Where to watch officially: No official link recorded. · Listed, not endorsed.

Overview

A film by Qasim Basir about a young African American Muslim torn between a strict father's upbringing and his identity at university after 9/11. ¹ ²

Custody of a child (hadana)

Custody (hadana) is keeping safe, and raising in what suits, a person who cannot yet manage his own affairs; it is obligatory, since the child may perish or be harmed without it, and it becomes an individual duty when there is no other custodian. It differs from sponsorship (kafala), which is the joining of liabilities, from guardianship, and from the executorship that a will creates. It applies to a child, and to an insane or imbecile adult by general agreement. The mother has the better claim so long as she does not marry a stranger to the child: ”You have the better claim to him as long as you do not marry.” The order of claimants after the mother differs: the Hanafis put the mother's mother, the father's mother, the sisters, the aunts and then the agnates; the Malikis put the maternal grandmother, the aunts, the paternal grandmother, then the father; the Shafi'is put the daughter, the mothers' line, the paternal grandmother, the sisters and the aunts; the Hanbalis put the mothers' line, then the father, the paternal line, the grandfather, and the sisters, aunts and kin. When male and female claimants stand equal, the female takes precedence. The custodian's conditions include Islam for some, puberty and reason, trustworthiness, ability, freedom from contagious illness, soundness of judgement for the Malikis and Shafi'is, and a safe place. A man must be a mahram of an adolescent girl in his charge; a woman must not marry a stranger to the child and must not keep him in the house of someone who dislikes him. The place of custody is the father's dwelling; a custodian's removal to settle elsewhere ends custody for the majority, and the Hanafis draw a distinction for a mother's travel. Payment for custody is allowed for the Shafi'is and Hanbalis, and in the preferred Maliki view there is none. Custody lapses with a bar and returns when the bar is removed, and the views differ on its return after divorce. The mothers' custody of a boy ends at seven for the Hanafis, at puberty for the Malikis, while the Shafi'is give the child a choice between his parents on reaching discernment. Each parent has the right to see and visit the child.

Mooz-lum

At a glance

Screening Room

Overview

People and things also explored

Sources

Custody of a child (hadana)