To whom does custody of a seven-year-old child belong, and is the father entitled to stipulate custody of the child in exchange for divorcing the mother?
A woman is commanded to follow her husband and reside where he resides, unless there is harm to her or a condition in the contract. This woman is wrong in disobeying her husband and preventing him from seeing his child. She must fear Allah, and it is not permissible for her to seek divorce without a valid reason. The custody of the child after separation goes to the father if he undertakes a journey of relocation, because he is more capable of raising him, and it is not permissible for the woman or her family to refuse to hand over the child to the father. It is not permissible to withhold the child to be used as compensation for a khulʿ (divorce at the wife's instance), but if the husband agrees to divorce her in exchange for that, it is permissible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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