DAILY FIQH

Question: After a divorce, who is entitled to custody of the children?

Answer: The mother has the right of custody over her son/s upto the age of seven and over her daughter/s upto the age of nine. Once the boys turn seven and the girls nine, then the father, will be awarded custody over them.

During the period that the mother is awarded custody of the children, she will retain that right on condition that she does NOT, in the interim, get married to a "Ghair-Mahram" (person with whom marriage is permissible) of the children.

If she happens to get married to such a "Ghair-Mahram", she will lose her right of custody and this right will then pass onto the children’s maternal grandmother, paternal grandmother, maternal aunt and paternal aunt, in that order of sequence.

Both parents have visitation rights when the children are not in his/her custody. Visitation rights should be mutually agreed. Apart from the general rule, the overwhelming advantage of the children also plays an integral part in determining the rights of custody.

والام والجدة احق بالغلام حتى يستغني ، وقدر بسبع سنين
والام والجدة احق بالجارية حتى تحيض ( الفتاوى العالمكيرية ج1 ص 456)
And Allah Knows Best

Yusuf Moosagie

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