Is the mother entitled to the custody of her seven children after her irrevocable divorce from their father, who has suffered a stroke and is unable to support them, and is she entitled to housing with them?
If a couple divorces, the mother has the primary right to custody of the children until the age of seven, unless she remarries. After the age of seven, a male child is given the choice between his parents. As for a female child, according to Al-Shafi'i, she is given the choice; according to Abu Hanifa and Malik, the mother has a greater right to her until marriage; and according to Ahmad, the father has a greater right to her for her protection until marriage. Custody ends when the ward reaches puberty and maturity, but a female does not live independently. If one of the parents is unfit for custody, custody transfers to the other. If the father is unable to provide custody due to illness, the mother has a greater right to it. There is no harm in the mother living with her children in the father's residence, provided there is no khalwa (unlawful privacy) or fitna (temptation/strife). The father is obligated to pay rent for the residence of the child under custody if the mother does not have a residence. Children are obligated to care for their ill father and serve him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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