Child custody after divorce in Islam?
- Thread starter Sophie29
- Start date
AleahKoto
Allah will decide
Here are some rulings....answers
8.2 - A Mother's Right to Physical Custody
In recognition of an infant's need for female care, all the juristic schools give first preference to a mother's claim to physical custody of her young child provided that she satisfies all the requirements for a female custodian.[94] After divorce during the period of the mother's custody, she is generally entitled to receive custody wages from the father to help her maintain the child.[95] However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries.[96] Under the Hanafi school, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother's custody of her daughter ends. Most maintain that the mother's custody ends when the girl reaches puberty, set at either nine or eleven years of age. However, others allow the mother's custody to last until the girl reaches the age of womanhood.[97]
The importance of the early nurturing and physical custody of the mother is emphasized and protected in many Islamic countries. Preserving the bond between mothers and their young children is so important that it may result in the children accompanying their mother to prison. In Saudi Arabia , for instance, it has been observed by the author that nearly half of the population of the Central Riyadh Woman's Prison in 1983 consisted of children under the age of seven years. Another American mother, who was also imprisoned in the Kingdom during a divorce dispute with her Saudi husband in the early 1990s, also reported on the number of young children who accompanied their mothers into prison. One American woman told of a Saudi woman who had been imprisoned because her husband's family accused her of infidelity when she became pregnant several months after her husband's death. The Shari'a court would not separate a breast-feeding infant from its mother. Following the child's birth, the mother made every effort to extend breast-feeding and would not wean the child. After two years, the court found the mother unfit on religious grounds and the child was taken from her.
http://www.expertlaw.com/library/family_law/islamic_custody-3.html#80
_________________________________________________________________
In spite of all efforts to preserve the sanctity of marriage, divorce continues to rise in the Kingdom whether with a Saudi or non-Saudi spouse. In the Kingdom, divorce and custody of children is based on the Islamic or Shariah law. Any child born with a Saudi father is viewed as a Saudi citizen and naturally a muslim. When an American woman marries a Saudi man and lives in the Kingdom, Islamic/Shariah law prevails. The US embassy does not intervene in child custody disputes between Americans and Saudis.
In the case of a divorce, if an American woman is married to a Saudi, she likely loses her sponsor (her husband) and therefore required to leave the Kingdom. Because under Islamic law the (Saudi) children are awarded to the father so in many cases the American woman must leave the Kingdom without her children.
Typically under Shariah law, a mother (muslim or non-muslim) in the Kingdom can maintain custody of her male children until the age of nine and maintain custody of female children until the age of seven after which custody is reverted to the father. If a divorced mother continues to have custody beyond those ages may depend on the father and the relationship between the divorced couple. And naturally the Saudi courts wish to have any child of divorced parents in the Kingdom continue to be raised in an Islamic environment.
Determination of visitation rights and custodial rights when a Saudi man and woman are divorced from one another also is influenced by the relationship between the divorced couple, since the man will usually have custody in accordance to Shariah.
http://americanbedu.com/2008/05/15/divorce-in-ksa-who-gets-custody/
_________________________________________________________________
http://religiouschildabuse.blogspot.com/2008/10/britains-highest-court-rules-in-custody.html
http://books.google.com/books?id=8q...&hl=ko&sa=X&oi=book_result&resnum=5&ct=result
The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries. Under the Hanafi School, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother’s custody of her daughter ends. Most maintain that the mother’s custody ends when the girl reaches puberty, set at either nine or eleven years of age.
So mothers tend to lose rights to children variously at seven, nine or eleven years of age.
http://www.reddit.com/r/worldnews/c...ulings_on_divorces_and_disputes_to_be/c061kz5
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.
Answering the question you raised, the eminent Muslim scholar, Sheikh `Abdus-Sattar Fathallah As-Sa`eed, professor of Qur'an Exegesis and Qur'anic Sciences at Al-Azhar University, states the following:
"This question can be answered in view of the following three points:
1- There is nothing wrong, as far as Islam is concerned, that a Muslim man marries a Christian woman, but he should stipulate in the marriage contract that any children from the marriage will be Muslims.
2- We hope that the questioner tries hard to call his wife to Islam, and urge her to follow the straight path. In doing so, he will be generously rewarded by Allah Almighty.
3- If all efforts for the couple to reconcile have failed, and divorce becomes inevitable, then the Muslim father is held responsible for the custody of his children and their wellbeing.
Islam has entrusted the man to shoulder the responsibility of the children for fear that the unbelieving mother would guide them to follow her religion. However, if the husband is confident that the mother will not dissuade the children from being Muslims, and he stipulates that in a written contract signed by both parties, then there is nothing wrong in leaving the children in the custody of their mother till they reach the age of seven. After this they should go to their father in order to safeguard their religion."
http://www.islamonline.net/servlet/...h-Ask_Scholar/FatwaE/FatwaE&cid=1119503544194
Islamic perspective on child custody after divorce
Introduction
Children are focus of gravity in Islamic Family tradition and law. When spouse are together, upbringing their child(ren) is paramount joint responsibility. Not only physical care and health, but emotional, educational, and religious welfare and well being are mutual responsibility. When spouses separate by divorce or annulment, these welfare responsibilities get also split according to best abilities of each parent. While fathers are vested with financial burden and legal guardianship roles, mothers are given role of physical carer and emotive guardian of child(ren). Inherently, Islamic system balances between multitude levels of child(ren)’s need. In recognition of an infant’s need for female care, all the juristic schools give first preference to a mother’s claim to physical custody of her young child provided that she satisfies all the requirements for a female custodian. After divorce during the period of the mother’s custody, she is generally entitled to receive custody wages from the father to help her maintain the child. Islamic Jurisprudential inferences Islamic law on custody of children after divorce is based on several hadith relating to how the Prophet sallalahu Alaihe wasallam dealt with cases brought before him. One of the key relevant hadith is the following: According to Amr Ibn Shu'aib, a woman came to the Prophet* and said: 'Truly my belly served as a container for my son here, and my breast served as a skin-bag for him (to drink out of) and my bosom served as a refuge for him; and now his father has divorced me, and he (also) desires to take him away from me.' The Prophet sallalahu Alaihe wasallam said: 'You have a better right to have him, as long as you do not marry again. Hadith: Ibn Majah The mother is recognised as generally the fittest person to take care of the children, because of the instinctive love and tenderness she feels for them and her closer contact with them throughout pregnancy, nursing, and childhood. However, if the mother marries again she would generally forfeit her right to custody. However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries. Under the Hanafi School, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother’s custody of her daughter ends. Most maintain that the mother’s custody ends when the girl reaches puberty, set at either nine or eleven years of age. However, others allow the mother’s custody to last until the girl reaches the age of womanhood. Conditions of custody Whoever has custody of a child has to abide by conditions concerning residence and Islamic upbringing, to ensure that the child's welfare is properly cared for. The court may, if necessary, enforce these conditions or direct that the child be given to the next eligible custodian. The father should have access to his children, and he remains financially responsible for their maintenance and education even though they may be under the care of their divorced mother or one of her relations. Duration of custody and Transfers The duration of custody varies between the Four Schools of Islamic Jurisprudence as detailed earlier. There are different criterions for transfer of custody to next eligible candidate as per table below:
School of Law
Transfer trigger
Next eligible custodian
Next eligible custodian
Next eligible custodian
Hanafi
Boy: 7 / 9 year age
Girl: marriage / 9-11 age
Boy: Choice of either parents
Girl: Father
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
Shafi’e
7 years age/ discretion age
Choice of either parents
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
Maliki
Boy: Maturity Girl: Marriage
Grandmother
Maternal grandmother / Khala
Paternal grandmother
Hanbali
7 years age
Choice of either parents
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
http://www.islamic-sharia.org/children/islamic-perspective-on-child-custody-after-divorce-5.html
8.2 - A Mother's Right to Physical Custody
In recognition of an infant's need for female care, all the juristic schools give first preference to a mother's claim to physical custody of her young child provided that she satisfies all the requirements for a female custodian.[94] After divorce during the period of the mother's custody, she is generally entitled to receive custody wages from the father to help her maintain the child.[95] However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries.[96] Under the Hanafi school, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother's custody of her daughter ends. Most maintain that the mother's custody ends when the girl reaches puberty, set at either nine or eleven years of age. However, others allow the mother's custody to last until the girl reaches the age of womanhood.[97]
The importance of the early nurturing and physical custody of the mother is emphasized and protected in many Islamic countries. Preserving the bond between mothers and their young children is so important that it may result in the children accompanying their mother to prison. In Saudi Arabia , for instance, it has been observed by the author that nearly half of the population of the Central Riyadh Woman's Prison in 1983 consisted of children under the age of seven years. Another American mother, who was also imprisoned in the Kingdom during a divorce dispute with her Saudi husband in the early 1990s, also reported on the number of young children who accompanied their mothers into prison. One American woman told of a Saudi woman who had been imprisoned because her husband's family accused her of infidelity when she became pregnant several months after her husband's death. The Shari'a court would not separate a breast-feeding infant from its mother. Following the child's birth, the mother made every effort to extend breast-feeding and would not wean the child. After two years, the court found the mother unfit on religious grounds and the child was taken from her.
http://www.expertlaw.com/library/family_law/islamic_custody-3.html#80
_________________________________________________________________
In spite of all efforts to preserve the sanctity of marriage, divorce continues to rise in the Kingdom whether with a Saudi or non-Saudi spouse. In the Kingdom, divorce and custody of children is based on the Islamic or Shariah law. Any child born with a Saudi father is viewed as a Saudi citizen and naturally a muslim. When an American woman marries a Saudi man and lives in the Kingdom, Islamic/Shariah law prevails. The US embassy does not intervene in child custody disputes between Americans and Saudis.
In the case of a divorce, if an American woman is married to a Saudi, she likely loses her sponsor (her husband) and therefore required to leave the Kingdom. Because under Islamic law the (Saudi) children are awarded to the father so in many cases the American woman must leave the Kingdom without her children.
Typically under Shariah law, a mother (muslim or non-muslim) in the Kingdom can maintain custody of her male children until the age of nine and maintain custody of female children until the age of seven after which custody is reverted to the father. If a divorced mother continues to have custody beyond those ages may depend on the father and the relationship between the divorced couple. And naturally the Saudi courts wish to have any child of divorced parents in the Kingdom continue to be raised in an Islamic environment.
Determination of visitation rights and custodial rights when a Saudi man and woman are divorced from one another also is influenced by the relationship between the divorced couple, since the man will usually have custody in accordance to Shariah.
http://americanbedu.com/2008/05/15/divorce-in-ksa-who-gets-custody/
_________________________________________________________________
http://religiouschildabuse.blogspot.com/2008/10/britains-highest-court-rules-in-custody.html
http://books.google.com/books?id=8q...&hl=ko&sa=X&oi=book_result&resnum=5&ct=result
The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries. Under the Hanafi School, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother’s custody of her daughter ends. Most maintain that the mother’s custody ends when the girl reaches puberty, set at either nine or eleven years of age.
So mothers tend to lose rights to children variously at seven, nine or eleven years of age.
http://www.reddit.com/r/worldnews/c...ulings_on_divorces_and_disputes_to_be/c061kz5
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.
Answering the question you raised, the eminent Muslim scholar, Sheikh `Abdus-Sattar Fathallah As-Sa`eed, professor of Qur'an Exegesis and Qur'anic Sciences at Al-Azhar University, states the following:
"This question can be answered in view of the following three points:
1- There is nothing wrong, as far as Islam is concerned, that a Muslim man marries a Christian woman, but he should stipulate in the marriage contract that any children from the marriage will be Muslims.
2- We hope that the questioner tries hard to call his wife to Islam, and urge her to follow the straight path. In doing so, he will be generously rewarded by Allah Almighty.
3- If all efforts for the couple to reconcile have failed, and divorce becomes inevitable, then the Muslim father is held responsible for the custody of his children and their wellbeing.
Islam has entrusted the man to shoulder the responsibility of the children for fear that the unbelieving mother would guide them to follow her religion. However, if the husband is confident that the mother will not dissuade the children from being Muslims, and he stipulates that in a written contract signed by both parties, then there is nothing wrong in leaving the children in the custody of their mother till they reach the age of seven. After this they should go to their father in order to safeguard their religion."
http://www.islamonline.net/servlet/...h-Ask_Scholar/FatwaE/FatwaE&cid=1119503544194
Islamic perspective on child custody after divorce
Introduction
Children are focus of gravity in Islamic Family tradition and law. When spouse are together, upbringing their child(ren) is paramount joint responsibility. Not only physical care and health, but emotional, educational, and religious welfare and well being are mutual responsibility. When spouses separate by divorce or annulment, these welfare responsibilities get also split according to best abilities of each parent. While fathers are vested with financial burden and legal guardianship roles, mothers are given role of physical carer and emotive guardian of child(ren). Inherently, Islamic system balances between multitude levels of child(ren)’s need. In recognition of an infant’s need for female care, all the juristic schools give first preference to a mother’s claim to physical custody of her young child provided that she satisfies all the requirements for a female custodian. After divorce during the period of the mother’s custody, she is generally entitled to receive custody wages from the father to help her maintain the child. Islamic Jurisprudential inferences Islamic law on custody of children after divorce is based on several hadith relating to how the Prophet sallalahu Alaihe wasallam dealt with cases brought before him. One of the key relevant hadith is the following: According to Amr Ibn Shu'aib, a woman came to the Prophet* and said: 'Truly my belly served as a container for my son here, and my breast served as a skin-bag for him (to drink out of) and my bosom served as a refuge for him; and now his father has divorced me, and he (also) desires to take him away from me.' The Prophet sallalahu Alaihe wasallam said: 'You have a better right to have him, as long as you do not marry again. Hadith: Ibn Majah The mother is recognised as generally the fittest person to take care of the children, because of the instinctive love and tenderness she feels for them and her closer contact with them throughout pregnancy, nursing, and childhood. However, if the mother marries again she would generally forfeit her right to custody. However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries. Under the Hanafi School, female custody of a boy ends when he is able to feed, clothe, and cleanse himself. Most Hanafi jurists set this age of independence at seven years, although some set it at nine. Hanafi jurists differ on when a mother’s custody of her daughter ends. Most maintain that the mother’s custody ends when the girl reaches puberty, set at either nine or eleven years of age. However, others allow the mother’s custody to last until the girl reaches the age of womanhood. Conditions of custody Whoever has custody of a child has to abide by conditions concerning residence and Islamic upbringing, to ensure that the child's welfare is properly cared for. The court may, if necessary, enforce these conditions or direct that the child be given to the next eligible custodian. The father should have access to his children, and he remains financially responsible for their maintenance and education even though they may be under the care of their divorced mother or one of her relations. Duration of custody and Transfers The duration of custody varies between the Four Schools of Islamic Jurisprudence as detailed earlier. There are different criterions for transfer of custody to next eligible candidate as per table below:
School of Law
Transfer trigger
Next eligible custodian
Next eligible custodian
Next eligible custodian
Hanafi
Boy: 7 / 9 year age
Girl: marriage / 9-11 age
Boy: Choice of either parents
Girl: Father
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
Shafi’e
7 years age/ discretion age
Choice of either parents
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
Maliki
Boy: Maturity Girl: Marriage
Grandmother
Maternal grandmother / Khala
Paternal grandmother
Hanbali
7 years age
Choice of either parents
Maternal grandmother / paternal grandmother
Mother’s sister (khala)
http://www.islamic-sharia.org/children/islamic-perspective-on-child-custody-after-divorce-5.html
Islamic Jurisprudential inferences Islamic law on custody of children after divorce is based on several hadith relating to how the Prophet sallalahu Alaihe wasallam dealt with cases brought before him.However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents. When spouses separate by divorce or annulment, these welfare responsibilities get also split according to best abilities of each parent. While fathers are vested with financial burden and legal guardianship roles, mothers are given role of physical carer and emotive guardian of child(ren). Inherently, Islamic system balances between multitude levels of child(ren)’s need. After divorce during the period of the mother’s custody, she is generally entitled to receive custody wages from the father to help her maintain the child.
I learned a lot about the proper way on how to win Child Custody Rights. According to court statistics, in 70% of the child custody cases primary custody rights are usually granted to the mother. Less than 10% of primary custody rights are awarded to the father, historically. In about 20% of the cases joint custody will be awarded where both parents will share in the well-being and responsibility of the child.
Thanks for sharing this wonderful information with us.
Fatima_ahmad
Junior Member
:salam2:
well the custody of the child after divorce i think i think is goes to Father.As women is weak so she cant alone care about the kids.
well the custody of the child after divorce i think i think is goes to Father.As women is weak so she cant alone care about the kids.
revert2007
Love Fishing
As salamu 'alaikum
We don't play the "i think" game here. We need solid proof from Islamic scholars.
By the way my mom was a widow when I was only 5 and she took care of me and accepts me even after I convert to Islam. This proves your claim is wrong. I can't believe this statement is coming from a woman. I hope sis Aapa doesn't see your post. lol
Allah knows the best
As salamu 'alaikum
:salam2:
Sister, I believe that the millions of women around the world would probably disagree with you. I would also caution you against making a statement of fact that is not based on proof. What you stated is not only inaccurate, but insulting to women. I know my own mother would disagree with you.
Since when did we require someone to "confirm" that they are a Muslim to answer a simple question asked peacefully? If that was the case, I'd never learn anything...
This website is for everyone, Muslim and Non-Muslim alike.
As for the question itself, Sister Sophie, the law was already posted and I hope that helps you with your friend's question.
Fatima_ahmad said:
Sister, I believe that the millions of women around the world would probably disagree with you. I would also caution you against making a statement of fact that is not based on proof. What you stated is not only inaccurate, but insulting to women. I know my own mother would disagree with you.
Optimist said:
Since when did we require someone to "confirm" that they are a Muslim to answer a simple question asked peacefully? If that was the case, I'd never learn anything...
This website is for everyone, Muslim and Non-Muslim alike. As for the question itself, Sister Sophie, the law was already posted and I hope that helps you with your friend's question.
ShyHijabi
Junior Member
:salam2:
Well that makes no sense, what about Maryam? (RA) I don't believe she had a husband to help her raise a prophet, now did she? There are many women raising children all alone, through no fault of their own, and doing a spectacular job.
Do you have children? Have you seen a man try to make a bottle? :lol: Women are built and designed to raise and nurture children, often without aid of men because they are away from home. There is a reason mothers are afforded three times the rights over their children than the fathers.
:salam2:
Sister shy, you are too funny sometimes! I was actually reading one of your old posts today and you said something that I had said many times...you said something along the lines of "I wish he didn't have so much trust in me to be this strong..<in reference to Allah's tests to you> while I have said "I wish he didn't love me so much!"...
Would you believe that it was my husband who taught me how to change a diaper properly? lol! I had never changed a diaper before and he has a large extended family. We never bottle fed so that wasn't an issue for us, Alhamdulilah! but watching him clean the house...oh lord! just give me the sponge I'll do it myself thank you!
Ibn Uthaymin
Junior member
Aapa means older sister. its a term used for respect (honorific). so saying "sis Aapa" is unnecessary.
:salam2:
She is trying to address her. Have you not come across brother BrotherInIslam7 ? Jk
:salam2:
Aapa is the name that the sister uses here so reffering to her as Sister Aapa is appropriate. As for BrotherInIslam7, I call him Brother Brother all the time....its appropriate.
um_mustafa
sister in Islam
Salams, behind every great man there is a great or even greater woman, the women of the past bought up the great men mashallah,
Ibn Uthaymin
Junior member
:salam2:
and thank you sister Aleah. Since it was me, who had asked you about exact references, a mail of thanks was due from my side.
As you may have noticed, it was beneficial for you as well to go through those references, since now you might have noticed a small but significant conflict in your previous post and the one with references. In your earlier post you seemed to point out, that after 7 years, the children go to father (as if it was independent of their consent). For the convenience of all of us, I would like to write a summary of what I have learned from your post.
1. Almost all jurists agree, that the children shall remain in mother's custody until a certain age of consent is reached. Whether it is 7 or 9 or 11 years, it is immaterial, since it is ijtihaad of the jurists and not exactly prescribed in shariah.
2. The children do not automatically go to father after a certain age but only with their consent.
3. To provide for a proper upbringing of children is father's duty. It is his right to decide about the concept of their upbringing, which includes the decision about their religion. If the mother gets married to another man, the islamic courts are likely to accept the objection of father, that his line of upbringing cannot be followed in another household and hence he should get their custody. This is inline with the Hadith from Sunan Abu Dawud, you have quoted.
Jazakallah Khair.
Saif
and thank you sister Aleah. Since it was me, who had asked you about exact references, a mail of thanks was due from my side.
As you may have noticed, it was beneficial for you as well to go through those references, since now you might have noticed a small but significant conflict in your previous post and the one with references. In your earlier post you seemed to point out, that after 7 years, the children go to father (as if it was independent of their consent). For the convenience of all of us, I would like to write a summary of what I have learned from your post.
1. Almost all jurists agree, that the children shall remain in mother's custody until a certain age of consent is reached. Whether it is 7 or 9 or 11 years, it is immaterial, since it is ijtihaad of the jurists and not exactly prescribed in shariah.
2. The children do not automatically go to father after a certain age but only with their consent.
3. To provide for a proper upbringing of children is father's duty. It is his right to decide about the concept of their upbringing, which includes the decision about their religion. If the mother gets married to another man, the islamic courts are likely to accept the objection of father, that his line of upbringing cannot be followed in another household and hence he should get their custody. This is inline with the Hadith from Sunan Abu Dawud, you have quoted.
Jazakallah Khair.
Saif