The children's residence after the separation of the husband and wife
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If the husband and wife separate and they have children, both sons and daughters, with whom should they reside?
They should reside with the party the judge orders.Meaning: If the husband and wife do not agree on which of them the children should live with, the reference is to the Shari'ah judge, who considers the benefit of the children. Therefore, we must know that the purpose of custody is to reform the child in custody. It is not permissible to leave the child in the care of someone who does not protect and reform him, even if that person has the right to custody based on the order of precedence, if we know that he is negligent and does not care, or if we know that he is a doer of evil. In such a case, the children should not be with him, and he has no custody. The important point is that the reference in this matter is to the judge, and he must fear Allah and consider the benefit of the child in custody.
They should reside with the party the judge orders.Meaning: If the husband and wife do not agree on which of them the children should live with, the reference is to the Shari'ah judge, who considers the benefit of the children. Therefore, we must know that the purpose of custody is to reform the child in custody. It is not permissible to leave the child in the care of someone who does not protect and reform him, even if that person has the right to custody based on the order of precedence, if we know that he is negligent and does not care, or if we know that he is a doer of evil. In such a case, the children should not be with him, and he has no custody. The important point is that the reference in this matter is to the judge, and he must fear Allah and consider the benefit of the child in custody.