The rights of the parents for their children and the obligations of the children for their parents have been described in detail in the Holy Quran.

2021 LHC 3454

Then the individual right of mother and father also have been described in the Holy Quran as well as in the Ahadees. It is for the parents, mother and father, individually to think whether they are abiding by the orders of Allah and they are living within the limits described by the Sharia. Islam has given a complete code of life where the duties, obligations of every relation has been described in detail. Even the minors thinks/acts of the social norms have been described in detail by the Sharia. The Constitution of Islamic Republic of Pakistan guarantees that every law of the land will be in accordance with Quran and Sunnah and there will be no deviation from the Ahkam of Allah and Rasool Muhammad (Peace be upon him). The purpose of the law of Guardian & Wards Act, 1890 is to regulate the rights of the minors who are unfortunately disturbed due to the separation of their parents or due to any other incident like death of their parents or death of any of them. Our social life is based on some customs and traditions of the region. Even in a region where different tribes/casts are residing, every caste/tribe has its own customs. The law respects all the traditions/customs of the individual caste if those are not contrary to the law of land. The Guardian & Wards Act, 1890 also regulates and conscious about the welfare of the minors. Therefore, the principles of the custody of minors have been chalked out through the different provisions of the Statute and these are to be strictly followed because the welfare of the minor is the supreme consideration of the Statute. There is no denial that the relation of father and mother is a touchy matter which is attached the emotions/sentiments based on reality. But this is also a hard fact that the court has to see the welfare of the minor, keeping in view that whether the person to whom the custody is being given, can facilitate the minor with respect to the health, education and other social norms which are required to build up the person of the minor. For that, the court at one level sees the financial status of the claiming person as guardian. At the same time, court also observes that the person is capable of having the guardianship as to make the minor a good citizen in a real sense. Whether the guardian himself follows law? Whether the he/she has respect for the law? Whether he/she understands regarding the good and bad things/norms of the society? Whether he/she have the level of intellect to train the minor to be a good and useful citizen of the society. The character building is not an easy task. A person who is always thinking about his/her benefit, cannot be a good leader to build the character of the others. The Superior Courts have chalked out many principles that what sort of the qualities are required to decide the factor that who could be the guardian of the minor. The welfare of the minor is the supreme consideration and keeping in view that aspect, sometimes the natural emotions and attachments are also to be sacrificed.