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The question

Is the ruling that a mother has custody of her children until they reach the age of 11, and thereafter they are given the choice between their parents, an Islamic legal ruling or a man-made law? What is meant by the Almighty’s saying: (Then if they suckle for you, give them their due payment, and consult among yourselves with all fairness. But if you make difficulties for one another, then another woman will suckle for him)? What are the rights of the other party to see the children and spend time with them if custody belongs to one of them? And does the eligibility for custody change if the person entitled to it remarries?

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

The mother's custody ends when the girl reaches the age of menstruation or ejaculation, or eleven years, and when the boy reaches nine years of age. If the mother marries, custody transfers to the next in line. As for the father, his custody does not cease upon marriage, provided he has a female who is fit for custody. Both parents have the right to see and visit the child in custody, even if custody is separated.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
151723
Imported
Translation status
Source text, unreviewed
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