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Summary
This essay has in Chapter One stated the research problem which entails the place of right of the parties seeking custody after dissolution of marriage. It is stated in that chapter that there exist no rights of one parent over the other in statutory marriages but a mother to a young child has the preference in Islamic marriages. It has also been established in subsequent chapters that in statutory marriages, the infancy of a child will give rise to same treatment or consideration of the mother as it is in Islamic marriages owing to the duty nature places on the mother. In Chapter One also, it has been stated that wishes of the child will constitute a factor in deciding custody. This is however not reflected in Islamic law as a result of the reflection of culture and religion in the law and this has hindered the adoption of the Child's Rights Act in states that are predominantly Islamic. This may also be loosely connected to the fact that custody is usually decided in the infancy of the child, where the child is barely informed of his environment enough to be able to make a cogent wish.
