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Custody of children after khula?

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
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Ref. No. 39 / 817

To,
Mufti Md. Asad Sahab
Darul Ifta,Darul Uloom Deoband,U.P.

Respected Mufti Sahab!
Assalamu alaikum Warahmatullah

My daughter “Safiya Nasreen” got married with “Khaja Mohideen” about 12 years back. Allah has blessed her with two Children (“Tameem age 11 years & Ayesha Sameena 3 years”) .
My son in-law has married another Girl. He is torturing my daughter since the marriage. he beats her brutally for every silly reason. we tried to solve the problem many times and had a talk with my son in-law but he is not stopping and creating problems always. Now again he bet my daughter on her head brutally. we went to the doctor (My daughter is in depression) . Doctor has suggested not to send her back her law’s (Sasural) house. we have decided to take Khula (خلع).. Kindly give us Fatwa regarding the children in the light of Quran and Hadees..


Answer:

Ref. No. 39 / 810

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

After separation, the mother shall have the right to nourish her son up to seven years of his age and her daughter till she has reached the age of puberty, while father would be responsible for their all kinds of expenses. When the boy has reached the age of seven and the daughter the age of puberty then the right of nourishment shall turn to the father. Hence, after the said period, father has right to take the children into his custody.

And Allah Knows best

Darul Ifta

Darul Uloom Waqf Deoband

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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