Home Fatawaa Al’Ṭalāq (Divorce) Can a minor choose who to stay with after the age of 7?

Can a minor choose who to stay with after the age of 7?

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Question: At the age of seven, the child should be handed into the care of the father. Does the child have any say in this matter?

Answer: The child has no say in the matter (simply because he/she can be easily manipulated and is not capable of making such a decision). When the child is able to look after himself (see above) he will be handed over to the father. In the situation where a Mufti or a Judge (Islamic) for the child’s sake sees it better for the child to be with the mother, then a different ruling may be considered.

Fatāwā Dārul Ulūm Zakariyyā, Vol. 4, Pg. 353-354

 


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