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Child Custody After Divorce: Age and Permissibility Factors

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: After divorce, at which age can the children decide which parent they want to live with?

If the husband and wife agree for the wife to keep the children after the age of 6, will it be permissible?

Bismillaah

A: The mother has the custody of the son until the age of 7 and of the daughter until the age of 9.

Yes.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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