Husband divorce

[Angela]

Hi.

My question is, if a man decides to divorce his wife does the wife get the custody of their kids then?
Or vice versa...?

I hope somebody can help me with the answer. Thanks

[ardianto]

Hello Angela, welcome to the forum.

Since this is an Islamic forum, I think you are asking about custody on children after divorce (Hadhanah) according to Islamic law.

According to Islamic Law Compilation that used in Indonesia, if divorce happen, then the custody comes into the mother because the mother is the party that gave birth the children, and she has special closeness with the children.

And if then the mother dies, the custody turn into (based on the sequence)
1. Grandma from mother side.
2. Father.
3. Grandma from the father side
4. The child older sister.
5. Female relative from the father side.

This is if the child is under 12. Children who have reach 12 years old can decide to live with the mother or the father.

However, this rule is not absolute. If the judge in Sharia court consider that the mother is in condition that unable, or not 'in good condition' as a mother, such as she has very bad behavior, the judge can decide to give custody to the father.

[Angela]

Thank u ardianto.

So u mean if the children are under the age of 12 the custody goes to the mother otherwise they can choose themselves..?

Im asking because i heard somewhere that if a father decides to divorce his wife the mother automatically get custody of the children no matter what age they are.

I hope more pepl from different countries can give me their point if view, it is important for me to know.

[ardianto]

12 years old is refer to average age of start puberty which someone is considered adult in Islam. But what I've written is refer to rule in Indonesia sharia court. In other countries may different.

In Islam, if divorce happen, the custody come to the mother. But, in certain condition, the judge in sharia court can give custody to the father.

Sis, if you, or a woman near you, really in this situation, my advice is consult with an expert of Islamic law personally, not in forum because there are many personal matter that you must explain.

:)