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20 October 2018 CE | 09 Safar 1440 AH
Explanation below

Hadith Explanation


Mother takes Custody


“A woman came to the Prophet (sal Allahu alaihi wa sallam) and said, ‘O Messenger of Allah. I have been divorced by my husband and he wants to take this son of mine from me. But my stomach was a dwelling for him; my breast a source of nourishment for him; and my lap a resting place for him. And now he wants to snatch him away from me!’ The Prophet (sal Allahu alaihi wa sallam) said, ‘No. You are entitled to keep him in your custody unless you remarry.’” [Abu Dawud, Sunan]

In recognition of the greater role of the mother in bringing forth the child and rearing it, her right in the custody of her children is duly acknowledged.

Unless she is morally disqualified or remarries, she is automatically granted custody of her children, if she is separated from their father, until at least the male child’s age is seven and that of the female becomes nine.

Then the child chooses whether to remain with the mother or move in with the father.

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