Does the father have the right to custody of his daughter after returning from a 12-year absence, and can he travel with her to his country of residence, and what should the mother do to be able to see her daughter after custody transfers to the father?
When a couple separates, the custody of young children goes to the mother, unless there is an impediment with her. Scholars have differed on the age at which custody ends. Some are of the opinion that a girl, after the age of seven, should be with her father, while others hold that she should be given a choice.
The custodian is not allowed to prevent the other party from seeing the child.
Scholars have also differed on who has a greater right to custody when one of the parents moves to another country.
In cases of dispute regarding these matters, recourse should be made to the court, as a judge's ruling resolves disagreements.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 119401
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy