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Child’s Custody In Divorce

Q:

If marriage reconciliation fails and divorce happens. As far as I know the Islamic Shariah for Childs Custody says the father has the Childs Custody from 2 years but both have equal rights and Sole Physical Custody from 7 years. What is the country law says the mother has physical custody and father has limited rights upto 7 and at 7 the country law says the child will be asked who is mostly likely to say mother as stayed for many years with mother so the father never gets custody even after 7. What does shariah say?

A:

I think this link would answer your query and clear any potential misunderstanding:

http://www.sistani.org/english/book/46/2075/

Based on this, it is necessary for both parents to agree on exercising their common right in custody by alternating [the right] or by any other method on which both agree. 

Anyways in the case/s of contradiction, you need to consult your marja for that particular case.

Kumail Rajani