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.