Mufti Online — Madrasah Ta'leemuddeen

Custody of children after divorce

· 12 Shawwal 1440 AH1 min readEnglish

Question

After divorce, at which age can the children decide which parent they want to live with?

If the husband and wife agree for the wife to keep the children after the age of 6, will it be permissible?

Answer

The mother has the custody of the son until the age of 7 and of the daughter until the age of 9.

Yes.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

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/29350
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-29350

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