Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

A salamoulikum,

I have a question regading the custody of a child.

I have a friend who divorced from her husband.

They have a daughter aged 4.

What is the law in islam concerning the custody of the child?

Jazak allah rhair.

Asalamoulikum 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Custody of child

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

In the unfortunate event of a divorce in Islam, the Shariah Law states that all children (male or female) will remain in the custody of the mother until they reach the age of understanding and puberty; and it will be the responsibility of the father to provide the financial means for their upkeep.

Once the children reach the age of understanding, the father has a right to move the Shariah Court if he wishes to gain custody of the children. The Shariah Court Judge will then ask the children whom they wish to live with; their mother or their father; and whatever decision is made by the children will be enforced by the Shariah Judge.

The decision who gains the custody of the children in a divorce neither rests with the mother, nor the father, nor the Shariah Court Judge; but Allah Subhanah has placed this right of decision in the hands of the children as soon as they reach the age of understanding and puberty. The Shariah Court Judge will only enforce the decision of the children, and give the parent who lost the custody fair visitation rights.

If the daughter is only four years old, Shariah Law dictates that the daughter shall live with the mother until she has reached the age of puberty….at that time if the father wills to gain custody, he may initiate a court proceeding and the Shariah Judge will then implement the decision of the daughter whether she chooses to live the rest of her life with her mother or her father. The total financial responsibility for the upkeep of the daughter, regardless of who holds her custody, will be borne by the father.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan