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:

Salaams Brothers, The question i would like to ask is that if i have divorced my wife and we have 2 children and she remarries without waiting period, who do the children go to. 1. Do the children remain with my ex-wife and the step father, or 2. or do the children go to the real father (me) because i have my mother to look after them. Hoping for a swift response. Wasallams

(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 Children

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.

The law in Islam is that for the male children upto the age of 7, and for the girl children upto the age of puberty, they will stay with the mother. It is the responsibility of the father to provide for the upkeep of the children during this period of dependence.

After these ages, the right will be transferred to the children and they will have the right to decide whom they wish to stay with. Whether they decide to stay with the mother or the father, it is the responsibility of the father alone to provide for their upkeep until the age of dependence.

The step-father, and the mother of the real father have absolutely no bearings on the custody of children of divorced parents.

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 in Islam,

Burhan