What is the ruling of Islamic law regarding the separation of a couple who have one child, aged one and a half years, given the mother's refusal to leave her only child and the father's refusal for the child to stay with her, knowing that the reasons for the separation are the discomfort of the husband's family with the wife and the wife's distress over the death of her previous daughter?
Custody of a minor, upon the separation of the spouses, belongs to the mother, unless there is an impediment that prevents her from having custody. If the spouses separate, the mother has the primary right to custody of the child as long as she is fit for it, and neither the father nor anyone else has the right to prevent her. In case of dispute, the Sharia judge shall rule on the matter.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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