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Shiavault - a Vault of Shia Islamic Books A New Perspective: Women in Islam Chapter 5: Child-Custody Fatma: What is Islam’s view on child custody? Sayyid: The Qur’an advises couples accordingly, “Take mutual counsel together, according to what is just and reasonable.” (65:6) Granting that couples cooperate and come to a mutual agreement on what is best for their children then Islam would support it.

The issue of child custody is not fostered on gender; it is based on the capability and suitability of the parent; that is, which parent is better prepared to raise the children. When parents cannot agree on settling the issue of custody, then in most cases, the father would obtain custody of the children. Again, this is conditional based on the premise that the father was religious and morally qualified.

Otherwise, the children may remain with the mother, and the father must continue to financially support his children. If the father were granted custody of the children, it would not mean that the mother would be denied seeing the children. The mother would continue to have access to her children. A father could never deny a mother the opportunity to be with her children. Fatma: What is the consensus among scholars on the age criteria of children when parents cannot agree on custodial rights?

Sayyid: There is no consensus among the scholars, but the general rule among the scholars is that when parents separate and they cannot agree on the issue of custody, then the mother would attain custody of the boy until the age of two and the daughter until the age of seven. However, this rule is conditional and dealt with accordingly, case by case. If both parents were faithful and honorable, then the Islamic judge would order the first few years of the child’s life to be with the mother.

This is an essential developmental time for a child, and the parent that best fits in catering to the needs of a child during those years is the mother. In most cases girls, because of their natures, are entitled to be in the care of their mothers for a longer period than boys. Fatma: Would Islam consider the child’s preference of which parent they would wish to live with?

Sayyid: If the child had reached the age of maturity, and was responsible in determining what was best for their well being, then the Islamic judge would consider the child’s preference.