Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

As a general rule, when a divorce takes place the right of custody in the case of minor children is awarded to the mother first if she does not remarry. This is effective in the case of a male upto the age of seven and in the case of a female upto the age of nine. If she remarries then her right of custody is thereafter passed on to her mother, children's maternal grandmother. After the respective ages of seven and nine, the father has the right of custody. However, both parents have visitation rights when the children are not in his/her custody. Visitation rights should be mutually agreed. Apart from the general rule, the overwhelming advantage of the children also plays an integral part in determining the rights of custody. Somewhere on this site, search 'custody' (without quotes)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
Fatwa Department

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