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🌍 Children, inheritance & global · #8

After divorce, who has the right to custody of a young child, the mother or the father?

In principle, the mother has the greatest right to custody (hadhanah) of a young child as long as she is qualified and has not married another man who is not mahram to the child. The Messenger of Allah ﷺ said to a mother: "You have more right to him as long as you have not remarried." The conditions of qualification include being Muslim, of sound mind, trustworthy, able to care for the child and living in a safe place. The father must still pay the child's maintenance even while the child is in the mother's custody. In Malaysia, state Enactments usually set the mother's custody until a boy is 7 years old and a girl 9 years old, but the court always gives priority to the child's welfare. See custody (hadhanah).
Difference between schools. The Hanafi and Maliki schools extend the mother's custody (hadhanah) of a daughter until puberty or marriage; the Shafi'i and Hanbali schools give a child who has reached discernment (mumayyiz) the right to choose.

Sources

Sunan Abu Dawud 2276 (hasan)
← PreviousA child born less than six months after the marriage — can the child be named after the husband (bin/binti)?Next →Now that the child is a little older, can they choose to live with their mother or father?

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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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