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Custody and maintenance of children

Answered as per Hanafi Fiqh by DarulUloomTT.net

Q. Can you state in the case of Divorce who has the right to the child or children and who is responsible for their maintenance?

A. According to the jurists a mother is entitled to the custody of a male child until seven years of age and a female child until she reaches the age of puberty. After this specified age, the father takes custody of the children. (Raddul Mukhtar vol.3 pg. 566).

The father will be responsible for the maintenance of his son until he reaches an age where he can earn his livelihood. At this age, the father can hire him or place him upon a skill/profession so that he can earn a livelihood and spend on himself. (Raddul Mukhtar vol.3 pg. 612).

In the case of a girl, the father is responsible for her maintenance until she is able to provide for herself or be provided for by a husband. The father cannot compel her to earn a livelihood. (Raddul Mukhtar vol.3 pg. 612).

And Allah knows best.

Mufti Waseem Khan

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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