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Rights of custody for the child |
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Question:
If a child's parents are divorced, at what age is it suitable for them to live with the father?
Answer:
Abdullah bin Ams bin Atas (RA) reported that a woman said:
'O Messenger
of Allah. For this is my son, my womb has been a container, my lap has
always carried him and my breast has been a feeder. His father now
claims to take him away from me'. The Prophet (SAW) replied: 'You are
more deserving to keep him as long as you don't marry.' (Ahmad, Abu
Dawud).
Abu Huraira (RA) reported that the Prophet (SAWS) has
given a lad a choice between his father and his mother. (Ahmad, Ibn
Majah, Tirmidhi)
It is reported by Umarah Al-Jasmi (RA) that
he said: 'Ali (RA) gave me a choice between my uncle and my mother and
I was either seven or eight at that time.' (Al-Baihaqi)
Till
the age of seven the mother has the sole right to have the custody of
the child if she marries someone who is not related to the child, she
loses her right in the custody. If the child were still under seven, he
would be given custody of a female (preferably among the mother's
relatives like his maternal aunt or grandmother). But if he is above
seven, he is no more in need of a woman's care and he is to be in
custody of the father. If the woman did not remarry, the child is given
the choice to stay either with the father or mother. Whatever the
choice he (the child) takes the other party will not be denied to see
the child on a regular basis.
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The Quran |
Chapter: Fussilat (41)
Ayat(verse): 12 |
| 12 . Then He ordained them seven heavens in two Days and inspired in each heaven its mandate ; and we decked the nether heaven with lamps , and rendered it inviolable . That is the measuring of the Mighty , the Knower . |
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