never shown to be a bad parent (according to the post). The subtext of my statement was "all other things being equal . . ." I did not explicitly state it, but it was implied.
If both parents look after the child's welfare (which I'm assuming they do), then this is about equal rights. The judge made a biased decision based on an issue that is supposed to be separate from law, religion.
What if it was an Islamic judge, and he gave the custody to the father, because women are inferior? He would have the child's welfare in mind, but his decision would be biased and arbitrary. It's not as much about being fair as it is about being reasoned and unbiased. |