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What does the Quran and Hadith say about who children should stay with in a divorce situation?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Salam A women get divorce, she has two male kids with age of 4 and 1.5 years. now mother want that kids should stay with her and father want the same. What Quran and Hadith says about this problem and where kids should go?

Answer

(Fatwa: 641/641=M -1429

The mother has the right to nurture a child up to seven of his age provided the upbringing right of the mother has not been terminated and the father is responsible for the fostering expenditures. The father can keep the child with him when he is seven years old and father should make good arrangements for the child to get educated and nurtured. When the children are mature, it is up to them whether to live with the father or the mother, they have options to choose.

Allah (Subhana Wa Ta’ala) 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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