Fatwa #235122 February 2001Pakistan
What is the order of Islam about the custody of children after Islamic divorce?
Question
I am British Muslim, currently in Pakistan. I got divorce from my ex-husband through The Islamic Shariah Council. One year after this, I have married to my first cousin. I have two daughters from the ex-husband. What is the order of Islam about the custody of children? Can I keep them up to the age of maturity (17). My current is very kind to them and my daughters are also very much attached to him.
Answer
As a general rule, when a divorce takes place the right of custody in the
case of minor children is awarded to the mother first if she does not
remarry. This is effective in the case of a male upto the age of seven and
in the case of a female upto the age of nine. If she remarries then her
right of custody is thereafter passed on to her mother, children's maternal
grandmother.
After the respective ages of seven and nine, the father has the right of
custody. However, 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. Somewhere on this
site, search 'custody' (without quotes)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
case of minor children is awarded to the mother first if she does not
remarry. This is effective in the case of a male upto the age of seven and
in the case of a female upto the age of nine. If she remarries then her
right of custody is thereafter passed on to her mother, children's maternal
grandmother.
After the respective ages of seven and nine, the father has the right of
custody. However, 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. Somewhere on this
site, search 'custody' (without quotes)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai