🌍 Children, inheritance & global · #197

Is the hadhanah age limit the same in every state?

In the texts read by this site, the age limit is the same in the Federal Territories, Kedah, Terengganu and Sarawak. All four set seven years for a boy and nine for a girl, with the court's power to extend to nine and eleven: Act 303 s.84, Kedah Enactment s.85, Terengganu Enactment s.87 and Sarawak Ordinance s.88. The section numbers differ, but the content is the same. The hadhanah parts of the other state enactments were not read here, so for those states please check with the state Syariah court. Amendments after the date of those texts may also exist. See the state pages, for example Kedah and Sarawak.

Sources

Act 303, s.84State Islamic Family Law Enactments

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Related questions

After divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?Moving to your own birthplace is allowed by law. Act 303 s.83(c) says a woman’s right of hadhanah is lost…Until what age is the mother entitled to custody of the children after divorce?Under Act 303 s.84, the mother’s right of hadhanah ends when a boy reaches seven and a girl nine. The court…If I remarry, do I automatically lose the right to look after my children?Not automatically. Act 303 s.83(a) says a woman’s right of hadhanah is lost if she marries a man not related to the…Our custody case will take time. Who looks after the children while we wait for the decision?The court can make an interim custody order while the case continues. Act 303 s.86(5) lets the court, if necessary,…My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?No; the rota is the wife’s right, while custody and maintenance are the child’s rights. While the marriage continues,…

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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