Custody of children after divorce
Question
What does Allah say in the case of separation of husband and wife. The father wants to keep two children and gives the other two children to the mother even though the mother is willing to keep all the children but the father is forcefully keeping them..
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/26062
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-26062
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