🌍 Children, inheritance & global · #9

Once a child is a little older, can they choose to live with their mother or father?

In the Shafi'i school, a child who has reached discernment (mumayyiz) (usually around 7 years old) is given the choice to live with the mother or the father, based on the hadith in which the Prophet ﷺ gave a boy the choice between his mother and father. This choice is valid if both parents are qualified. If one is not qualified, for example by neglecting prayer or endangering the child, that right is not given to them. In Malaysia, the Syariah Court considers the child's wishes but the final decision is based on the child's welfare: education, safety and stability. The party who does not get custody is usually given access rights. Refer to your state Syariah Court for the procedure.

Difference between schools. The Hanafi school gives no choice; a son returns to his father once he is independent, and a daughter stays with her mother until puberty. The Maliki school keeps the mother's custody longer.

Sources

Narrated by Abu Dawud and at-Tirmidhi (sahih)

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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