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.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 08
- PDF page
- 5
Appears under Questions and Answers (approximate).