Job Discussion Forums

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Well, indeed islam is a religion of true justice, but this justice does not exist in most of the Arab countries which most of them do not apply the Shariah laws in practice, but use mixed secular laws with some limited Shariah laws! So, the problem is not with the Sharia law itself, it is with the interpretation of the Shariah laws which is mixed with tribal laws (in some Arab countries).

With reference to the custody of children in islam, I refer you to the following link:
http://www.central-mosque.com/fiqh/ccustody1.htm
Which states that:
The mother has a right of custody for a male child until the child is capable of taking care of his own basic bodily functions and needs, such as eating, dressing and cleaning himself. This has been recognized at seven years of age.

Imam al-Haskafi (Allah have mercy on him) states:

�The custody of a male child is the right of the mother until the child is capable of taking care of his own self. This has been approximated at seven years of age, and the Fatwa (legal verdict) has been issued on this age, as normally children are able to take care of themselves at this age� (See: Radd al-Muhtar, 3/566).
In the case of a female, the mother has this right of custody until she reaches puberty. This has been declared at nine years of age. (al-Mawsili, al-Ikhtiyar li ta�lil al-mukhatr, 3/237).

The right of custody will be taken away from the mother if she:

1) Leaves Islam

2) Openly indulges in sins such as adultery and there is a fear of the child being affected

3) She does not attend to the child due to her leaving the house very often

4) She marries a non-relative (stranger) to the child by which the child may be affected

5) She demands payment for the upbringing of the child if there is another woman to raise the child without remuneration

In the above cases (when the mother no longer has the right to custody), this right then transfers to the following in order:

a) Maternal grandmother, and on up;

b) Paternal grandmother, and on up;

c) Full sisters

d) Maternal half sisters

e) Paternal half sisters

f) Maternal aunts

g) Paternal aunts

After all the avenues of the female have been exhausted as explained by the Jurists, the males have the right of custody in the following sequence:

a) Father

b) Paternal grandfather

c) Real brother

d) Paternal brother

e) Maternal brother

In a Hadith recorded by Imam Abu Dawud in his Sunan, the Messenger of Allah (Allah bless him & give him peace) said to a woman who complained that her husband was intending to take her child away from her: �You are more rightful of the child as long as you don�t marry� (Sunan Abu Dawud, no. 2276 & Mustadrak al-Hakim, 2/207).

A man came to the Prophet and said, �O Messenger of God! Who among the people is the most worthy of my good companionship? The Prophet said: Your mother. The man said, �Then who?' The Prophet said: Then your mother. The man further asked, �Then who?' The Prophet said: Then your mother. The man asked again, �Then who?' The Prophet said: Then your father. (Bukhari, Muslim).