Rulings Related to Custody

**1. Travel Scenarios:** - **Long journey without intent to harm, with safe route:** The father has more right to custody, whether he is the traveler or the one staying - because he is responsible for discipline and protection. If he is far away, the child will be neglected. - **Short journey (less than travel distance):** The mother has custody, whether she is the traveler or staying - because she has more compassion, and the father can still supervise and check on the child. - **Long journey for a need, but unsafe route:** Custody goes to whichever parent is staying. --- **2. End of Custody at Age Seven:** Custody ends at age seven for a **male child**, who is then given the choice between his parents. He stays with whichever one he chooses. **Evidence:** The Prophet ﷺ said: "O boy! This is your father and this is your mother, take whichever hand you wish." So he took his mother's hand and she left with him [Ahmad, Abu Dawud, Tirmidhi - hasan sahih]. Umar and Ali رضي الله عنهما also ruled for giving the child a choice. The choice is only given if the child has reached maturity with sound mind, and both parents are qualified for custody. The choice is set at seven because that is the first age at which the child is addressed by the Shariah regarding prayer. - **If the boy chooses his father:** He stays with him day and night for discipline and upbringing, but should not be prevented from visiting his mother. - **If he chooses his mother:** He stays with her at night and with his father during the day for discipline, as daytime is for fulfilling needs and learning trades. --- **3. Female Child After Age Seven:** The **girl** goes to her father after age seven because he is more protective of her and has more right to her guardianship, and because she is approaching the age of marriage. The father is her guardian, proposals are made to him, and he knows best who is suitable among suitors. However, the mother should not be prevented from visiting her when there is no concern (like fear of corruption or otherwise). **Exception:** If the father is unable to protect her due to being busy, old, sick, or lacking religiosity, and the mother is more suitable and capable, then she has more right to custody. Similarly, if the father is married and puts her with his wife who harms her and neglects her rights, the mother has more right to custody. --- **4. Custody Wages:** Payment for custody - whether the custodian is the mother or someone else - comes from the child's wealth if they have wealth. Otherwise, it comes from the wealth of the guardian or whoever is obligated to provide for them if they have no wealth.