Custody of children after divorce

Custody of children after divorce

Question: When the men and the wife split and they have sons and daughters; whose is the custody?

Answer:

They will be with the one whom the [Muslim] judge judges for. Meaning: if the husband and the wife don’t agree about who will take custody -between the two of them-; then the resault is the Islamic judge, and he will look into the benefits. 

And we have to know that the intention behind custody and upbringing is the well-being of the one in custody [the children], and it is not permissible for the one in custody to be given to one who will not guard him and give him a good upbringing -even if that person has the right to custody in terms of relation- because we have known that he is careless, or we have known that he is one who is sinful, so this one; we cant leave the children with him/her and there is no custody for him/her.

Anyway what is important is that the resault is the judge, and it is upon him [the judge] to fear Allaah, and to consider the benefit of the children.”

Shaykh Ibn 'Uthaymeen (rahimahullaah)

Silsilah Liqaa Baabul Maftuh : 16/229

Translated by Aboo Waheeda