The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 22 No 08, p.5

A couple is divorced. Who has the right of custody of the two boys aged 7 and 9 years?

Question

A couple is divorced. Who has the right of custody of the two boys aged 7 and 9 years?

Answer

Custody of the two boys of 7 and 9 is the right of the father. An agreement could be made for the mother to keep the children, but it is the father's right. However, custody can be denied to the lawful custodian on grounds of immorality. That is, if the father is a threat to the Islamic morals and Islamic well-being of the children then the mother can deny him custody, and vice versa in a situation where the mother has custody of boys under the age of 7 years.

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The Majlis Vol 22 No 08
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