What happens if the biological father refuses to consent to guardianship?
Guardianship Certificate in Pakistan , is a legal arrangement through which an adult is given the responsibility to care for a child’s person, property, or both. In Pakistan, guardianship matters are regulated under the Guardians and Wards Act, 1890 , which remains the primary legislation dealing with the appointment and supervision of guardians. In Islamic law, the father is traditionally regarded as the natural guardian of a child, particularly for matters related to property and legal affairs, while the mother is often considered the primary custodian during the child’s early years. This dual distinction between guardianship (wilayah) and custody (hizanat) sometimes creates complications when guardianship is contested. A common issue arises when the biological father refuses to consent to guardianship, particularly when the mother, relative, or any third party seeks legal recognition as a guardian. Father as the Natural Guardian By default, the biological father is recognize...