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Custody of Son after Talaq

My sister recently received a talaq note from her husband; they have a 2 year old son. My question is: (1) Under Islamic Shariah who will hold the custody of the son, will it be the mother or the father?

بسم الله الرحمن الرحيم

(Fatwa: 668/549/B=05/1435)

The boy shall remain in the custody of his mother up to the age of seven years.
قال فى رد المحتار: الحاضنة اما أو غيرها أحق به اى بالغلام حتى يستغنى عن النساء وقدر بسع وبه يفتى لأنه الغالب. (شامى: 5/567)
Note: The ruling shall be applicable when the woman does not marry to a man who is non-mahram for the child during his custody period.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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