Rulings applicable to custody

source :Osoul Global Center


Islam has rulings fur custody, in the first place, the child’s mother takes custody, if not, then there is an order for those entitled to it. The child’s father is responsible for payment for the child’s custody.

Rulings applicable to custody

In the first place, the child’s mother takes custody. The mother’s relatives always have a stronger claim to it than the father’s relatives. On this basis, the order of those entitled to it is as follows: the child’s mother, but when there is a factor that prevents her taking custody, such as failing to meet its conditions, then the child’s custody is transferred to her mother, then her grandmother, then the child’s father’s mother, then to the child’s full sister, then to its sister on its mother’s side, then to its sister on its father’s side. If the child has no women relatives among these to take custody, or if there are relatives but do not qualify for custody, then custody is given to close relatives according to the line of inheritance: its father, then its grandfather of any level, then its full brother, then its half-brother on their father’s side.

Payment for custody is treated in the same way as payment for breastfeeding the child. The mother is not entitled to any payment when she is still married, or when she is in her waiting period after divorce, because in these cases she is entitled to being looked after. When her waiting period is over, she is entitled to payment for custody of the child. Whoever else takes custody is entitled to payment from the first day. The child’s father is responsible for payment for the child’s custody, just as he is responsible for payment for its breastfeeding. Moreover, the father should pay for the rental of accommodation and its furnishing if the mother does not own any home of her own where she can look after the child. Furthermore, the father should pay for the child’s essential needs, such as food, clothes, healthcare, etc. The payment for custody is payable from the first day of the woman taking custody. If it is not paid it remains as a debt owed by the father, and it cannot be redeemed except through payment or if the woman in custody willingly forgoes it.


The period of custody comes to an end when the child is no longer in need of women’s care, and attains an age when it can look after itself, managing to eat, dress and clean itself without help. Needless to say, there is no fixed age for this. The important thing is that the child shows such independence and the ability to look after itself. However, many scholars are of the view that custody comes to an end when a boy reaches seven years of age or a girl reaches nine years.


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