[Q 271] Post-Divorce: Child Custody and Asset Division


1: Who will have custody of Children aged 13 (girl) and 7 (boy)? And can mother or her family put any restrictions on father which stop the father from seeing Children?


2: What portion of share from assets should go to the wife from husband?

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب


1: If a separation occurs between husband and wife, Shariah stipulates regarding the children that the mother has the right to nurture them until the boy reaches the age of 7 and the girl reaches the age of 9. As long as the mother is providing good upbringing, the children should not be separated from her because they need the mother more at this age. After these ages, i.e., when the boy is 7 and the girl is 9, the mother’s right to nurture ends. Thereafter, the remaining stages of upbringing become obligatory on the father, as the need for the father’s role in upbringing becomes more significant after these ages. The children cannot be separated from the father without a valid Shariah reason. However, if the mother wishes to see her children, she should not be prevented from doing so. Similarly, during the period the children live with the mother, if the father wishes to see them, he should not be prevented from doing so.

If the children own any property, their expenses should be covered from their property, otherwise, the father is obligated to bear these expenses, whether the children are with the mother or the father. Both parents are obliged to adhere to these rulings, and without a valid Shariah excuse, neither the husband nor the wife can deprive the other of their rights. Therefore, no such restrictions are allowed. Yes, if the mother marries someone who is not a mahram relative to these children, then the children will be taken from the mother and will live with their maternal grandmother. These are general principles and rules of Shariah. For any specific situation, it should be asked by explaining the particular situation to the scholars.


2: As long as the wife is in the marriage contract with the husband and the husband passes away, the wife will receive a share from the inheritance. And when the wife’s marriage contract ends, then she does not receive a share from the husband’s inheritance. Only providing the residence, food, and clothing during the period of ‘iddah (waiting period) are obligatory on the husband.

Answered by: Mufti Sajid Attari

Translated answer

Date: 2nd May 2024

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