The Paradox Of Child Custody And Domestic Life Of Muslim Women In Kampala, Uganda.

Hamid Amir Byamugenzi

doi:10.63363/aijfr.2026.v07i05.8505

The Paradox Of Child Custody And Domestic Life Of Muslim Women In Kampala, Uganda.

Author(s)	Mr. Hamid Amir Byamugenzi
Country	Uganda
Abstract	Child custody is a significant dimension of domestic life that shapes the welfare of children, the rights of mothers, the responsibilities of fathers and the stability of families, particularly due to marital divorce or death of a Father. Among Muslim women in Kampala, Uganda, questions concerning the care, upbringing, maintenance, religious and residence of children occur within complex socio-economic, cultural and legal dimensions. Such situations become particularly challenging where marital conflict, financial insecurity, competing family interests, or limited knowledge of Islamic family life affects decisions about children. This article examines child custody through the Islamic jurisprudential concept of ḥaḍānah, connecting Islamic teachings with the domestic experiences and welfare of Muslim women in Uganda. Using a qualitative, doctrinal and ethnographic approach, the article discusses sources of Islamic Law, namely; Qur’an, Prophetic traditions, classical Islamic jurisprudence, Analogy scholarship and Custom in lieu of Ugandan legal provisions. It argues that Islamic teachings provide a substantial ethical and normative framework for addressing custody disputes through compassion, justice, parental accountability, protection against harm, consultation and the preservation of children's welfare. The Qur’anic prohibition against harming either parent through a child, the recognition of maternal caregiving, the father's financial responsibilities and the broader objectives of Islamic law offer important foundations for constructive family relationships. Nevertheless, differences in contextual studies and the realities of contemporary urban life require careful interpretation rather than the mechanical application of generalised rules. The article further argues that Islamic principles should be understood alongside Uganda's Constitution and Children Act, particularly their emphasis on parental responsibility and the welfare of the child. It concludes that strengthening religious literacy, mediation, responsible fatherhood, maternal empowerment, child-sensitive dispute resolution and cooperation between religious leaders and legal institutions do contribute to healthier domestic relations and improved child welfare among Muslim families in Kampala.
Keywords	Child custody; ḥaḍānah; Islamic family law; Muslim women; domestic life.
Field	Sociology > Philosophy / Psychology / Religion
Published In	Volume 7, Issue 5, September-October 2026
Published On	2026-10-26
DOI	https://doi.org/10.63363/aijfr.2026.v07i05.8505

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The Paradox Of Child Custody And Domestic Life Of Muslim Women In Kampala, Uganda.

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