Is there a legal basis in Islamic law for granting custody of children to the divorced mother, and what is the interpretation of "And if you are in discord, another woman will suckle for him" in Surat At-Talaq? Does this apply to the wages for fostering and housing, and is it permissible to compel the divorced husband to relinquish his more suitable home to his divorced wife?
The mother has a greater right to custody of the child after divorce, unless she remarries or is characterized by an impediment. She is entitled to a wage similar to what is customary for breastfeeding, custody, and housing, paid by the father. If she requests an excessive wage, the father may have the child breastfed and cared for by someone else. He is not obligated to house the child in the best of his possessions, but rather according to his capability and means. If a dispute arises regarding this, it should be referred to the Sharia courts for resolution.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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