Rulings Related to Custody

Question:
Umm Yasser from al-Duriyyat says: I hope that the Honorable Shaykh (may Allah preserve him) will speak about the rulings related to custody regarding the children, as they are largely unknown to us. There is a dispute between me and my husband regarding the custody of the children, as he has divorced me. I have children aged six, five, four, and two years old. I ask for a detailed explanation of this in light of the Islamic Shari'ah?

Answer:
The chapter on custody is a broad one, and if a dispute arises between the spouses regarding it, the reference is to the court. Custody means preserving the young child, doing what benefits him, and keeping him away from what harms him. If a woman is divorced and has a young son, she has the stronger right to him as long as she does not remarry; she has the stronger right to him as long as she does not remarry, as the Prophet (peace and blessings be upon him) said. And when the boy reaches seven years of age, he is of discernment and is given the choice between his parents if he is a male. And if she is a female, her father takes her and she remains with him until he marries her off, in order that he may protect her and preserve her.