when wife and husband want to take divorce then who has to take the responsibility of their children,wife or husband?wife says i want my children and husband says i want my children.if the children are given to wife as per her wish,is it necessary for the husband to pay maintenance to the wife to take care of the children.what does islam say?plaese kindly reply.

when wife and husband want to take divorce then who has to take the responsibility of their children,wife or husband?wife says i want my children and husband says i want my children.if the children are given to wife as per her wish,is it necessary for the husband to pay maintenance to the wife to take care of the children.what does islam say?plaese kindly reply.

Answer

(Fatwa: 8/6/L=1432)

After talaq, if they have children both boys and girls, the mother shall have the right of nourishment for the boys up to seven years and for the girls up to nine years while father would be responsible for their expenses. After the boys reach the age of seven and the girls the age of nine, the right of nourishment shall turn to the father. It shall be lawful for the father to take the custody of the children after the said period is complete.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband