QUESTION:
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: I divorced my wife six months ago. I have two children; one son aged 12 and one daughter aged 10. The question is who should take custody of the children? Currently, the children stay with their mother, but I want to take custody of the children.
ANSWER:
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
In the case in question, the children will be given into your custody. This is because a boy remains under the care of the mother until the age of seven and a girl remains under her care until the age of 9. After this, a boy remains in the custody of his father until he becomes Baligh (the age of puberty stipulated in Shari`ah) and the girl remains in his custody as long as she is unmarried.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
Answered by Mufti Fuzail Sahib
Fatawa no: kan:11967
Date: 11 Muharram ul Haram 1438 / 13 October 2016
Source: Dār al-Iftā Ahl al-Sunnah (Da’wat e Islami)
Also see:
[Q-ID0657] If I give my wife divorce who should get custody of my 3 year old daughter?
