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The question

What are the court procedures that enable a divorced Saudi woman to gain custody of her 10-year-old son and 3.5-year-old daughter from her negligent ex-husband? Does Islamic law prevent her from marrying a man who does not object to raising her children? If she is denied custody of her daughter when she reaches 7 years of age, how can she prove the stepmother's mistreatment to regain custody?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The issue of child custody is decided by the court.

The mother has a greater right to custody as long as she does not remarry and fulfills the conditions, based on the Prophet Muhammad's (peace be upon him) saying: "You have more right to him as long as you do not marry." If the mother does not meet the conditions, the right transfers to the maternal grandmother, then to those who follow her.

Upon the end of the custody period, which is the age of discernment (seven years old), the child is given a choice between their parents. As for the girl, she must remain with the father until puberty and then marriage, to protect her and safeguard her from corruption.

If the father is negligent and there is fear of the children's corruption due to him, then he has no right to custody because the purpose of custody is the well-being of the children under care.

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Where this answer came from
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Ftawy
Original fatwa ID
89059
Imported
Translation status
Source text, unreviewed
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