Custody of the Young Girl

A brother from al-Zulfi, of Egyptian origin, also asks and says: I married and lived with my wife for four years, and every year there were problems, and she bore me a daughter. One day I got angry with her and swore an oath of divorce and divorced her in the court. I gathered a group of Muslims and said: I will give her the custody of the Arabs, which is what the Arabs rule upon, but they refused. She has taken her money, both the deferred and the immediate portion, in front of the court. Do I have the right to take my daughter, who is five years old?
Answer: This matter is to be referred back to the court, and the court will look at what it sees as sufficient capability. This is a matter of dispute, so you and she should refer back to the court, and then the court will look into the matter, if Allah wills. May Allah improve the condition of everyone.
The presenter: May Allah reward you, but regarding the ruling on custody, what is it, O Shaykh?
The Shaykh: This is a point of disagreement among the scholars, and it varies according to the circumstances of the spouses. One may be qualified and the other may not be. In any case, the court will look into it, and we ask Allah for success.
The presenter: May Allah reward you.