My elder brother got married in 2010. He begot a daughter now in July 2014. Due to some difference my sister in law is taking khula from my brother. My brother wants custody of his daughter. At what age of his daughter, according to the Shariah, can he obtain custody of his daughter?
بسم الله الرحمن الرحيم
(Fatwa: 15/13/B=01/1436)
In case of khula, the daughter shall remain in the custody of her mother. Her mother shall have the right to nourish her up to the age of 9. After it the father may take the daughter into his custody. During all these period the father shall pay all the expenses of food, clothing, illness, treatment, medicine and education etc.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband