Judicial approaches in custodial cases relating to mumayyiz children

Children's position after divorce often becomes an issue,as to who will be responsible for their welfare. some divorced couples manage to mutually settle custody issues outside the court. however,many the custodial dispute to the court. it is provided in the islamic family law enactment (state of selangor) 2003 that the mother shall be entitled to the custody of her under-aged children. when the child has reached the age of discernment (mumaiyiz),he or she shall have the choice of living with either of the parents,unless the court orders otherwise. however,the law does not provide any guidelines on how the mumayyiz children shall be called and to what extent their opinion is to be heard. this study examines the approach taken by the syariah court in handling custodial cases relating to mumaiyiz children. it adopts doctrinal legal research method as provided in unreported cases. findings show the judges do not have a standard approach in handling custodial cases of mumaiyiz children. therefore,the study recommends proper guidelines are provided in assisting syariah court judges to arrive at a mutually acceptable solution. © universiti putra malaysia press.