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The question

Do children follow the father if divorce occurs, and what is the evidence for that, and what is the wisdom behind it?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

The fundamental principle is that the mother has the primary right to custody unless she remarries or there is an impediment, as stated in the Hadith: "You have more right to him as long as you do not remarry." The court's denial of custody to the mother may be due to her marriage, the existence of another impediment, to protect the children's religion and morals from corruption in a non-Muslim environment, or because they have exceeded the age of seven, which is the view of many scholars. Children follow their fathers in lineage and religion, based on the Almighty's saying: "Call them by [the names of] their fathers; it is more just in the sight of Allah." And Malik said: "The child follows the religion of the father." Nevertheless, the mother holds a significant position and immense rights in Islam; she is given precedence in righteousness over the father. The wisdom behind attributing the child to the father might be the possibility of denying his lineage to him, unlike the mother, to whom his lineage cannot be denied.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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