Custody of children in the case of divorce
Question
What is the ruling if 2 people are divorced Islamically. There's a son of 8 years old involved. I have tried amicabally to sort it out but what if my ex wife is trying to take full custody?
Also, what is the ruling if a girl is under the age of puberty?
Answer
In a case of separation or divorce, the custody of the children goes to the mother unless she remarries. If she remarries a non-mahram of the children, then she will lose the custody of the children. In the case of a boy, the mother has the right of custody till the age of seven and in the case of a girl, the mother has the right of custody till the age of nine. Thereafter the right of custody of the children moves over to the father.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/25167
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-25167
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