I wasn't aware there was an Islamic ruling on this but a google search turned up some interesting info:
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In recognition of an infant's need for female care, all the juristic schools give first preference to a mother's claim to physical custody of her young child provided that she satisfies all the requirements for a female custodian.[94] After divorce during the period of the mother's custody, she is generally entitled to receive custody wages from the father to help her maintain the child.[95] However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries.[96] Under the Hanafi school, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother's custody of her daughter ends. Most maintain that the mother's custody ends when the girl reaches puberty, set at either nine or eleven years of age. However, others allow the mother's custody to last until the girl reaches the age of womanhood.
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Woman should get the custody if the kids are 10 years and younger. She should raise and he should financially support.
What if the mother is an alcoholic woman who sleeps around with other men? Hopefully the courts will see that issue. And what if she's a psychologically unstable woman who could bring harm to the child?
I think the decision should be based on many factors.
Women get it more often but I also believe it should be the better parent. In the legal system though for some reason, people think mothers are the better parent by default. And to a certain extent, this is understandable.
I do not like it though when women start to create issues and stop men from seeing their kids.
What if the mother is an alcoholic woman who sleeps around with other men? Hopefully the courts will see that issue. And what if she's a psychologically unstable woman who could bring harm to the child? I think the decision should be based on many factors.
Islamically the mother has to fulfil some conditions too before she gets preference, like she can't get remarried and keep custody. Sleeping around in that case would be a big no-no. Obviously a court Shariah or otherwise would have to look at all factors before awarding custody.
As long as both parents are decent it should be joint custody all the time. The parents should live close to each other and make it work for the sake of the children.
Islamically the mother has to fulfil some conditions too before she gets preference, like she can't get remarried and keep custody. Sleeping around in that case would be a big no-no. Obviously a court Shariah or otherwise would have to look at all factors before awarding custody.
not many men would marry a divorced woman with a child anyways, looking at the thread that reha started, she would be like a woman with leprosy after being unlucky enough to be with a man that was supposed to promise her the world and instead gave her heartache. where would all that remarriage stuff even have a chance.
an alcoholic woman with a child would never get custody of her child after divorce b/c the courts would make sure of that
I know of one such case and I dont understand how a woman can be so cruel and think that the kid ONLY belongs to HER. She doesnt even allow the father to see his child. very very bad … :no: