Custody of children after talaaq

Q: This is regarding child custody post talaq/khula. From my research I have been able ascertain that the children are eventually given to their father. My question is, do the children have any say in this? Will they be asked with whom they wish to live with? My sisters husband has an extremely good reputation outside the house, however at home his wife and daughters are terrified of him. My sister does not wish to abandon the kids by taking khula. How does islam tell us to approach this situation?


A: We advise that your sister contacts a pious, reliable, senior Aalim who deals with these type of cases (domestic related issues, marital problems, anger management among spouses, etc) preferably an Aalim who knows her husband and will be able to guide him in relation to how he should conduct within the home.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)