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The question

Is it permissible, Islamically, to specify a period for child custody after divorce based on the child's gender?

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

Custody is the protection and upbringing of a child who has not reached the age of discernment. It is a type of guardianship, but it is more suitable for women due to their compassion and ability to nurture. The mother, her mother, and subsequent female relatives have precedence over the father in the custody of a child until the child reaches the age of discernment, based on the Prophet's (peace be upon him) saying: "You have more right to him as long as you do not marry." If the child reaches the age of discernment, they are given a choice between staying with the father or the mother, according to what the judge deems to be in the child's best interest. Specific conditions for the custodian are stipulated in books of Fiqh; if these conditions are not met, their right to custody is forfeited.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
30655
Imported
Translation status
Source text, unreviewed
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