Is the mother entitled to custody of her 9-year-old daughter if the father's financial and social situation is poor, and his wife is ill and unable to care for the children, bearing in mind that the mother has not remarried?

Issues of custody are often disputed; therefore, recourse to the Sharia (definition) judiciary is necessary, and the judge's ruling is binding and resolves the dispute.

Scholars have differed on the age of custody and the order of those entitled to it. The basic principle is that it is the mother's right unless she remarries or there is an impediment. It is a condition for the custodian (whether male or female) to be capable of caring for and safeguarding the child under custody. Thus, custody is not established for someone who is incapable or who neglects the child, as the best interest of the child under custody is paramount.