Title

In case of divorce custody of children goes to whom?

Question

In case of divorce custody of children goes to whom?

Answer

In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

In principle the mother of the child has the right of custody over the child. The father cannot take this child away. However the father will have to pay for all the expenses that will be borne in order to bring up the child. ^[1]

·         The right of custody over a boy remains as long as the boy does not reach the age of seven. Once the boy reaches the age of seven, the father has the right of custody.^[2]

·        The right of custody over a girl remains until she reaches nine years of age. Once she turns nine, the father has the right of custody. ^[3]

In any event, which ever parent has the right of custody, the other parent has visitation rights with mutual agreement.

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

Ml. Luqman Hansrot,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā