#1192: More Clarifications on Who to take Custody of Children

As-Salaamu Alaykum

Question

“Please sir i read an article written by fawzan bin fawzan on the topic of “child custody. He stated that when children reach the age of discernment that will be asked to make their choice as to which of the parent they want to go with and he stated some ahaadith. I have understood previously that the father would take the custody of children at that age. Please sir help me with the clarification.”

ANSWER:

Wa Alaykum Salām Warahmatullāh Wabarakātuh

Alhamdulillāh.

We have responded to a Question similar to this in question 756 of our Telegram Channel ( https://t.me/INQAArchive/865 )

The summary of our response is as follows:

1. If the child is within the age where nursing is required or below the age of discernment (age of 7), the mother has the custody of the Child while the father provides the financial requirements for the upkeep. This remains as long as she does not remarry

2. If she remarries, the Fuqahā differed as to who has the custody of the child. The position of the majority from across the Four Schools is that custody goes to the Mother’s mother while the likes of Shaykhu Al-Islām Ibn Taymiyyah rahimahullāh holds that the Father has the right to retake the child unless he leave off that right

3. If she doesn’t remarry and the child remained in her custody till the age of discernment, if the child is male, he is given the choice to choose who he wants to stay with, the father or the mother

4. If it’s a girl child, the position held by Imām Abū Hanīfah and Mālik rahimahumallāh is that she remains with the mother until she menstruates or gets married

5. The position of Imām Muhammad bn Idrīs Ash-Shāfi’ī in this is that she is also given to make the choice while Imām Ahmad held that the Father has the right of custody

You may refer to it, and Allāh knows best.

Bārakallāhu Fīkum

Jazakumullāhu Khayran

📚 IslāmNode