What is the entitlement of custody of a daughter, to the father or to the mother in this case, and after she reaches the age of seven?
Custody is the care and upbringing of a child who lacks discernment. The mother has precedence over the father in custody as long as she does not remarry, because she has a greater right to the child.
Scholars differed on the age at which the custody of a girl ends:
Hanbalis: The father has a greater right to her when she reaches seven years of age.
Shafi'i: She is given a choice, like a boy.
Abu Hanifa: The mother has a greater right to her until she marries or menstruates.
Malik: The mother has a greater right to her until she marries and her husband consummates the marriage.
The custodian does not have the right to prevent the other parent from visiting, and overnight stays are the right of the custodian unless they permit otherwise. The father may not exceed what he has been permitted. In case of dispute, the matter is referred to the judiciary.
A father's neglect of his daughter, his failure to spend on her, and his slandering of his wife without proof are grave sins that necessitate repentance. The wife has the right to sue him for her remaining rights and for what she spent on him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 119215
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy