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Can mother keep kids if father has bad habits?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Question1-When theres divorse between husband and wife,if the Father does not 1-Ask for the children boy and girls who are( baligh and not baligh) or 2-The Father asks for the children but he isn’t Deendar and has bad habbits ie having an affair, bad language etc and could influence the children,is the Mother allowed to keep the children,so that the bad habbits of the Father does not influence the children?Q2-If the husband is not happy in divorsing wife but on court papers he has to sign that his divoresd his wife will Talaaq take place? Q2-After husband gives talaq what rights does the wife has on the husbands wealth? Q3-If the girl is 9 years old but not baligh can the mother keep the daughter?and what age does the boy return to father? Q4-If the mother does not return the children to father then is it compulsory on father to pay the expenses of children to mother of children?


(Fatwa: 696/696=M/1429)

(1) In case the husband did not pay the dower to his wife before divorce, she has right to receive her dower from the wealth of her husband after divorce. The husband has to provide maintenance and accommodation to his wife till she completes her iddah. If the husband dies in duration of the iddah, the divorced wife will have a share in the properties left by him.

(2) According to the fatwa, the mother can keep a daughter for nourishment till she is nine years and a son till he is seven years. Afterwards, they will be handed over to the husband. The father will be responsible for all expenses of their upbringing. If the mother does not hand over the children to the father then also the father is asked to bear all their expenses, because it is the responsibility of the father to provide maintenance to his daughter until she gets married and to his son until he is mature or able to earn his livelihood, as it is written in Hidayah and other books of Fiqh.

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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