Who is most entitled to the custody of the child
Machine translationRead the Arabic original
Fatwa No. ( 14806 )
All praise is due to Allah alone, and peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the President General from His Excellency the Deputy Minister of Foreign Affairs for Political Affairs, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (3748) and date 10/9/1411 AH. His Excellency asked a question, the text of which is as follows: The Kingdom's embassy in Athens reported that the Ifta Authority in northern Greece informed it that a dispute arose between a husband and wife that led to divorce. They have three children: a daughter (5 years old) and a son (9 months old). The father requests that they be handed over to him from his ex-wife, but she and her parents believe that they are still minors and that it is in their interest to remain in the mother's custody; because their father is occupied with his job and work, and after work hours he is busy buying and selling real estate, and in the evening he is occupied with his colleagues and does not return to his home until late at night, along with his poor treatment of them, which makes his custody of his children not beneficial for them. As for their mother, she works as a teacher for children and receives
A salary and she educates her children in the same school, and she has been caring for them and providing for all their needs since she left the marital home. Therefore, the Ifta Office hopes to be provided with a fatwa clarifying the duration of her custody of her children regarding the male and female child , and whether it is in accordance with the Shari'ah for their mother to retain them instead of their father; because she is more beneficial for them than their father, who for more than half a year has not asked about them, nor seen them, nor helped in their livelihood, clothing, medical care, or education. The Ifta Office wishes the fatwa to be according to the school of Imam Ahmad ibn Hanbal (may Allah have mercy on him); so that it becomes a fixed fatwa that the Ifta Office will follow in the present and the future, hoping for your information. With my best regards.
After the Committee’s study of the question, it answered: The mother is the most entitled person to the custody of the child if the husband and wife separate. If she marries, the custody transfers to the mother’s mother. If she is not available, it transfers to the father’s mother; because custody is for women, and the mother is more compassionate toward the child than anyone else. Abu Dawud narrated that the Prophet (peace and blessings be upon him) said to the mother:Sunan Abi Dawud 2276Hasan (Al-Albani) And when the boy reaches seven years of age, he is given the choice between his two parents, and he stays with the one he chooses.
And when the girl reaches seven, her father is more entitled to her; because she needs protection and chastity, and the mother needs someone to protect her. One does not leave the one in custody, whether male or female, in the hands of someone who does not protect or benefit him. This is the school of Imam Ahmad (may Allah have mercy on him). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
All praise is due to Allah alone, and peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the President General from His Excellency the Deputy Minister of Foreign Affairs for Political Affairs, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (3748) and date 10/9/1411 AH. His Excellency asked a question, the text of which is as follows: The Kingdom's embassy in Athens reported that the Ifta Authority in northern Greece informed it that a dispute arose between a husband and wife that led to divorce. They have three children: a daughter (5 years old) and a son (9 months old). The father requests that they be handed over to him from his ex-wife, but she and her parents believe that they are still minors and that it is in their interest to remain in the mother's custody; because their father is occupied with his job and work, and after work hours he is busy buying and selling real estate, and in the evening he is occupied with his colleagues and does not return to his home until late at night, along with his poor treatment of them, which makes his custody of his children not beneficial for them. As for their mother, she works as a teacher for children and receives
A salary and she educates her children in the same school, and she has been caring for them and providing for all their needs since she left the marital home. Therefore, the Ifta Office hopes to be provided with a fatwa clarifying the duration of her custody of her children regarding the male and female child , and whether it is in accordance with the Shari'ah for their mother to retain them instead of their father; because she is more beneficial for them than their father, who for more than half a year has not asked about them, nor seen them, nor helped in their livelihood, clothing, medical care, or education. The Ifta Office wishes the fatwa to be according to the school of Imam Ahmad ibn Hanbal (may Allah have mercy on him); so that it becomes a fixed fatwa that the Ifta Office will follow in the present and the future, hoping for your information. With my best regards.
After the Committee’s study of the question, it answered: The mother is the most entitled person to the custody of the child if the husband and wife separate. If she marries, the custody transfers to the mother’s mother. If she is not available, it transfers to the father’s mother; because custody is for women, and the mother is more compassionate toward the child than anyone else. Abu Dawud narrated that the Prophet (peace and blessings be upon him) said to the mother:
You have more right to him as long as you do not marry.
أنت أحق به ما لم تنكحيAnd when the girl reaches seven, her father is more entitled to her; because she needs protection and chastity, and the mother needs someone to protect her. One does not leave the one in custody, whether male or female, in the hands of someone who does not protect or benefit him. This is the school of Imam Ahmad (may Allah have mercy on him). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.