Who has the right to child custody after divorce and until what age? Is it permissible for the husband to determine the place of residence of the divorced mother who has custody, and what are the criteria for the father's visitation of the children if custody is with the mother?
There is no disagreement among scholars that the mother has the right to custody (hadanah) in case of separation of the spouses, based on the hadith: "You have more right to him as long as you do not marry." Jurists have differed on the age at which custody ends, and the most preponderant opinion is that the mother has more right to the children's custody until they reach the age of discernment and choice. After that, they are given a choice. A revocably divorced woman (mutallaqah raj'iyyah) has the right to remain in her home during the waiting period (iddah). When the iddah ends, she may reside wherever she wishes, and the divorced husband does not have the right to stipulate her residence in a specific place, unless she intends to travel in a way that forfeits custody. Seeing the children is a right for both parents, and neither of them may be prevented from visiting the child under custody.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/34931