Someone asked me this once, and I didn’t know the answer. Random thought that entered my head.
In event of divorce - who keeps the kids lawfully? Mom or Dad?
Re: Child Custody
depends on many factor...for eg. who has cheated on whom :D , mental state, who is more capable of supporting the child better
usually mums have upper hand in getting custody...
Re: Child Custody
depends....
each case has to be treated individually....
for a good start lets see if the "custody" thing is by itself approved by religion....
and what exactly does it mean....
ok pcg, shoot....
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what do you want me to say?
the definition of child custody?
Means who the child lives with on a permanent basis.
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it all depends on law. Whether the judge can allow dad to take care of kids or mom. But usually mothers have a greater chances of getting the kids.
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If I remember correctly, after a certain age, boys (or maybe its all children) are given to the father. Though don't quote me on this, as I seem to have faint recollection of a discussion a long time ago. For very young children, the chances for mother getting custody are much higher, unless the court decides that she is totally unfit to be a mother.
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Islamically, I believe children stay wth their mother until they are hte age of 7, I think it's for both boys and girls. after that they are sent to stay with the father....i'm not positive but i think that's how it is..
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^ Exactly. Thats how I remember it as well. It happened to someone we knew, and so it was discussed. But that was a long time ago, so I am not entirely positive. I am sure some helpful soul will come along shortly with the definitive Google results.
Re: Child Custody
Okay I found this on a website, Islam Q and A. Now, I would do a lil more research on this because I doubt that everything on this site is correct. According to the scholars on this site, repairing televisions and VCRs is haram, so I’m not sure exactly how accurate this fatwa is but I hope this answers ur questions…
http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=8189&dgn=4
Question :
After a marriage that lasted for a few years, a man divorced his wife and tried to take the child from her. She is asking who has more right to custody of the child, her or her ex-husband? Especially since she is going to travel to live with her family in another city.
Answer :
Praise be to Allaah.
Women have more right to custody of children than men; in principle custody belongs to them, because they are more compassionate and more kind, and they know better how to raise small children, and they are more patient in dealing with the difficulties involved. The mother has more right to custody of her child, whether it is a boy or a girl, so long as she does not re-marry and so long as she meets the conditions of custody. This is according to scholarly consensus.
The conditions of custody are: being accountable (i.e., an adult of sound mind etc.), being free (as opposed to being a slave), being of good character, being a Muslim if the child concerned is a Muslim, and being able to fulfil all obligations towards the child. The mother should not be married to a person who is a stranger (i.e., not related) to the child. If one of these conditions is not fulfilled and there is an impediment such as insanity or having remarried, etc., the woman forfeits the right to custody, but if that impediment is removed, then the right to custody is restored. But it is best to pay attention to the interests of the child, because his rights come first.
The period of custody lasts until the age of discretion and independence, i.e., until the child is able to discern what is what and is independent in the sense that he can eat by himself, drink by himself, and clean himself after using the toilet, etc.
When the child reaches this age, the period of custody ends, whether the child is a boy or a girl. That is usually at the age of seven or eight.
With regard to the effect of travelling on transferring custody, if the parents have separated and are disputing custody, any of the following scenarios may apply to their travelling:
1 – If one of the parents wants to travel without moving, i.e., he or she intends to come back, then the parent who is staying put has more right to the child.
2 – If one of them wants to travel for the purpose of settling there, and the new city or the route is dangerous, then the parent who is staying put has more right to the child.
3 – If one of them wants to move and settle within the same city, and the city and the route is safe,the father has right to the child than the mother, regardless of whether the one who is moving is the father or the mother.
4 – If both parents want to travel to the same place, then the mother should retain custody.
5 – If the place is nearby so that the father and child may see one another every day, then the mother should retain custody.
When the child reaches the age of independence, the period of custody comes to an end, and the period of kafaalah or sponsorship of the young begins, which lasts until the child reaches adolescence or in the case of a girls, starts her periods. Then the period of sponsorship ends and the child is free to make his own choices.
Women’s rights to sponsor children. It appears from the comments of the fuqaha’ that women have the right to sponsor children in general, and that mothers and grandmothers in particular have this right. But the scholars differed as to who has more right to sponsorship if the parents are in dispute and are both qualified to sponsor the child. The Maalikis and Zaahiris think that the mother has more right to sponsorship of the child, whether it is a boy or a girl. The Hanbalis think that boys should be given a choice, but the father has more right in the case of a girl. The Hanafis think that the father has more right in the case of a boy and the mother has more right in the case of a girl. Perhaps the correct view is that the child should be given a choice if the parents are disputing and they both fulfil the conditions for sponsorship.
Re: Child Custody
hm
I'm surprised there is no hadith or Quranic reference to this - I dont think the Quran says anything about it though -- I figured there would be a hadith on it.
Erm, I dont really get the reasoning for why a lady would need to give the child to the father if she were to remarry...why doesn't this apply to the father as well?
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PCG, because women usually get everything anyway. Atleast leave the kids for men, for God's sake.
Re: Child Custody
Re: Child Custody
^
why were u hoping that there wud be a hadith in this regards????
just so u cud criticize it????
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I dun think so..
I think, so that she can reject it and hence create a logical Islam out of nowhere 
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you guys are still not commenting on the fatwas posted in this thread. Upon what are these based?
Its quite haraam to pull stuff out of your behind you know.
Re: Child Custody
away from the stupidness and back to serious discussion.
If the child is at the age of distinction and is able to comprehend things and understand the difference between the conduct of his mother and the conduct of his father, as when he is over the age of weaning; in this case he will be allowed to choose between his parents. He will be given to either of the two he chooses,
due to what was reported by Abu Dawood that Abdul Hamid ibn Ja’far narrated from his father on the authority of his grandfather Rafi’ ibn Sinan that he (Rafi’ ibn Sinan) embraced Islam and his wife refused to embrace Islam. She came to the Prophet (pbuh) and said: “My daughter; she finished suckling (or was about to stop suckling) Rafi’ said: “My daughter.” The Prophet (pbuh) said to him: “Be seated on a side.” And he said to her: “Be seated on a side.” He then seated the girl between them, and said to them: “Call her”. The girl inclined to her mother. The Prophet (pbuh) said: “O Allah! guide her.” The daughter then inclined to her father, and he took her. This Hadith has been reported by Ahmad. Al-Nasai reported it in other versions but the same meaning is present as in this narration.
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I think thats the best way, to let the kids decide to whom they wanted to live with
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How can a child go live with the father after spending his/her early childhood with mother? A child is not a Bakri or Ghora that wouldn't mind one stable or the other.
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Why are you confused it is straightforward even a child could understand no pun intended!