What is the father's right to child custody after divorce if he stops spending on them, and who is responsible for them if the father refuses divorce or spending?
The mother has a greater right to custody of children under the age of seven, as long as she does not remarry, based on the saying of the Prophet, peace and blessings be upon him: "You have a greater right to him as long as you do not marry." As for a child after the age of seven, he is given the choice between his parents, and whoever he chooses has a greater right to him, as stated in the hadith of Abu Hurairah, may Allah be pleased with him. The Companions unanimously agreed on this. There is no difference between a divorce issued outside of court or after resorting to it, unless the court is an Islamic (Sharia) court and rules against giving the child a choice after the age of seven, in which case the judge's opinion is deferred to. It is permissible for the husband to reside in his aunt's house with the precaution of avoiding looking at and mixing with her daughters because he is a stranger to them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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