Who gets custody of the son?
salaam, if a man divorces his wife, but has a 1 year old son, in Islamic law who keeps the son and until what age? who is entitled to keep the son? please explain the law in Islam on this matter.
- Sara
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Salam alekum Sara,
If the mother is unmarried, she has more right to the son till age 7 ONLY if she is a practising Muslima with good Imaan and Akhlaq, who agrees to allow the father to meet the child regularly. If the mother remarries, the custody of the son goes to the mother's mother. If the maternal grandmother is unable / unwilling / unfit to care for the child, then the mother's sister has the right to care for the child if she is unmarried or married to a relative of the child's father. If the mother's sister is unable / unfit / unwilling, then custody goes to the father's mother, sister and finally the father himself, provided he agrees to allow the mother to frequently meet the child, so that the bonds of parenthood are not severed.
Allah SWT knows best.
Mohammed Shaikh