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Children’s Custody Rights after Divorce

Answered as per Hanafi Fiqh by Darulihsan.com

Q: Does a remarried divorcee have a right over her children from the previous marriage? The former husband claims that she waived her custodial rights by remarrying — and that the boys will remain with him.

Haamidaw wa Musalliyaa

According to the Hanafis, the right to the custody of the girl from the age of 10 and the boy from the age of 8 is that of the father. If the father is not capable in terms of Shariah to have custody of the children then the right to custody passes on to other paternal family members.

According to some Mazhabs, the child will have a choice at the age of bulugh (puberty) as to who he/she wishes to stay with.

And Allah  Knows Best

M Mangera (Mufti) & S Jakhura (Mufti)
Fatwa Dept.

This answer was collected from DarulIhsan.com. It’s the official website of Darul Ihsan, which is an Islamic organisation (PBO) based in Durban, South Africa.

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