In case of divorce, who has the rights of the child?
Question:
Can you state in the case of Divorce who has right to the child or children and who is responsible for there maintenance .All relevant information is appreciated .
Answer:
Wa Alaikum As Salaam,
According to the jurists a mother is entitled to the custody of a male child until seven years of age and a female child until she reaches the age of puberty. After this specified age, the father takes custody of the children. (see Raddul Mukhtar vol.3 pg. 566).
The father will be responsible for the maintenance of his son until he reaches an age where he can earn his livelihood. At this age, the father can hire him or place him upon a skill/profession so that he can earn a livelihood and spend on himself. ( Raddul Mukhtar vol.3 pg. 612).
In case of a girl, the father is responsible for her maintenance until she is able to provide for herself or be provided for by a husband. The father cannot compel her to earn a livelihood. ( Raddul Mukhtar vol.3 pg. 612).
And Allah knows best,
Mufti Waseem Khan