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Thread: Can someone explain this?
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youngsister

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I read many times that if a married couple got divorced the man takes custody of the children.

Is it true?

Why?

Jazkallah khair
 
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.
 
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.
 
first custody is the mother's, if she doesn't remarry that is.
but those rules are not set in stone.
 
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].
 
^that would mostly be correct, most gave custody to the mother at that.
 
Only one Imaam said that the custody of the children go to the father. Other two said that the mature kids get to decide.
 
right, but the new born or rather ther yet-to-be-mature child goes to the mother, most agree on that, no?
 
If my estranged husband tried to take my children then he would have one big fight on his hands!
 
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.
 
^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.
 
burdenofbeing said:
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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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?