Custody of a 14 year old girl after divorce

· 15 Dhuʻl-Qiʻdah 1447 AH1 min readEnglish

Question

If a woman is divorced and has 2 children; 1 girl (14 years) and 1 boy (25 years). If she gets married again, should the daughter stay with her son or stay with the woman and her new husband.

Note: Her ex husband is not in the position to keep the girl.

Answer

She should stay with her father. If he cannot take care of her, then she should stay at her grandparents home or her siblings home wherever she is comfortable and her deen is protected.

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

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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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