What is the Sharia ruling regarding the custody of the 7-year-old child Jaafar Ridha Katibi?

The correct view among scholars is that if a boy reaches the age of discretion, which is seven years, he is given the choice between his parents. This is what 'Umar, 'Ali, and Shuraih ruled, and it is the consensus of the Companions. Their evidence is the Hadith of Abu Hurairah, may Allah be pleased with him. Ibn al-Qayyim argued for this opinion by stating that giving a choice requires discretion and understanding, which is typically found at age seven, the beginning of the age of discretion.

As for Abu Hanifah and Malik, they said: there is no choice, and the boy remains with his mother as long as she does not remarry, until he reaches puberty. Their argument is that the boy does not know what is best for him, and he might choose someone who will play with him, leading him astray.

However, what has been reported from the Sunnah favors the option of choice, which is the utmost possible justice. The mother is given precedence in infancy due to the child's need for care. But when he grows up and no longer needs that, both parents become equal, and the determining factor is either drawing lots or the child's choice.

The father's right is favored here because the mother is married to a stranger to the child, and this nullifies her right to custody by consensus. The final decision rests with the Sharia court.