View Full Version : Can someone explain this?
youngsister
04-14-2009, 09:26 PM
:sl:
I read many times that if a married couple got divorced the man takes custody of the children.
Is it true?
Why?
Jazkallah khair :)
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burdenofbeing
04-14-2009, 11:23 PM
mother can physically take care of the children, and tend to them. the legal custody is father's duty. this is obviously to protect the women, and to take the economical weight off their shoulders.
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islamlover_girl
04-15-2009, 12:05 AM
It depends on the age of the children,if they r young their mother takes custody of them,but in elder age the man take it as they need a woman more in younger age and need a man in elder age.
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alcurad
04-15-2009, 12:19 AM
first custody is the mother's, if she doesn't remarry that is.
but those rules are not set in stone.
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The Ruler
04-15-2009, 12:27 AM
Different Imaams have different view in this. If I remember correctly, ^that is Imaam Ahmad's. According to him, if the mother remarries, then the child's custody goes to the aunts/uncles from the mother's side. If there isn't any, then the grandmother from the paternal side. [That was from memory. It can be incorrect].
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alcurad
04-15-2009, 12:34 AM
^that would mostly be correct, most gave custody to the mother at that.
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The Ruler
04-15-2009, 12:38 AM
format_quote Originally Posted by
alcurad
^that would mostly be correct, most gave custody to the mother at that.
Uhh, acutally, I think Imaam Ahmad was the only one who said that the custody of the child/ren goes to the mother.
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alcurad
04-15-2009, 01:06 AM
explain
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The Ruler
04-15-2009, 12:24 PM
Only one Imaam said that the custody of the children go to the father. Other two said that the mature kids get to decide.
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alcurad
04-15-2009, 02:08 PM
right, but the new born or rather ther yet-to-be-mature child goes to the mother, most agree on that, no?
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buddy1
04-15-2009, 02:12 PM
If my estranged husband tried to take my children then he would have one big fight on his hands!
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IbnAbdulHakim
04-15-2009, 02:12 PM
format_quote Originally Posted by
The Ruler
Uhh, acutally, I think Imaam Ahmad was the only one who said that the custody of the child/ren goes to the mother.
whats the hanafi madhabs view?
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alcurad
04-15-2009, 02:25 PM
AFAIK it is the hanafi, shafi'i, maliki and hanbali views that the mother takes the child, there is some disagreement whether she keeps him or not after he is mature enough to choose.
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The Ruler
04-15-2009, 02:46 PM
^I see. My knowledge is a bit rusty. I read that several months ago and couldn't find the link to look it up again.
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youngsister
04-15-2009, 06:44 PM
format_quote Originally Posted by
burdenofbeing
mother can physically take care of the children, and tend to them. the legal custody is father's duty. this is obviously to protect the women, and to take the economical weight off their shoulders.
Jazkallah khair for replying, erm I dont get it how is taking your children away protecting the woman?
I understand the money issue. Isnt it best for children to remain with the mother? Doesnt the father still have to provide for his children even if he doesnt live with them? Reply
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