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🌍 Children, inheritance & global · #196

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 may, on the mother's application, allow her to keep custody until a boy reaches nine and a girl eleven. When that period ends, custody passes to the father; but a child who has reached discernment (mumaiyiz) may choose to live with either the mother or the father, unless the court orders otherwise. In every decision, the child's welfare is the paramount consideration. These ages are a legal guideline, not a severing of ties: the child keeps the right to see both parents. See Hadhanah & lineage.

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Related questions

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 an…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…What does the court put first when deciding who will look after the children?The welfare of the child is the paramount consideration. Act 303 s.86(2) says that in deciding custody, the welfare…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…Can the court give custody of the eldest child to the father and the youngest to the mother?Yes; the court weighs the welfare of each child separately. Act 303 s.86(4) says that where there are…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,…
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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