Custody of the child Part 1
Custody of the child is a right that is shared by the spouses if they are still married.
If divorce occurs, then the mother has more right to custody.
Al-‘Adawi al-Maliki said in his commentary on Sharh al-Khurashi (4/207): Custody belongs to the mother, if she is divorced or her husband dies.
But whilst she is still married, custody belongs to both spouses. End quote.
It says in al-Mawsu‘ah al-Fiqhiyyah (17/301): Custody of the child belongs to both parents, if they are still married.
If they separate, then custody belongs to the mother, according to scholarly consensus
#Parents #Children #Sharia
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