Most-asked question
Who gets custody of the children after divorce?
93 fatawa in the archive answer questions on this, from 8 South African Darul Iftas (AskImam, Mufti Online, Ibn Masood, Jamiat KZN, Azaadville, MUBZ and others). Below, each Darul Ifta’s answer is quoted word for word from the opening of one of its fatawa.
Based on the fatawa linked below. Please read the sources and double-check with a Darul Ifta for your situation.
Consult a mufti for your situation. Fatawa SA is a read-only archive and issues no rulings of its own.
What the Darul Iftas say
“As per Islamic law, custody of a child in the case of separation between the spouses, revolves around both parents depending on the age and gender of the child. In the case of a boy, the mother is entitled to custody until the age of seven, and thereafter, the right of custody is transferred to the father.”
“.As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh In principle, the mother is entitled to custody of male children until they reach the age of seven, and of female children until they reach the age of nine. Afterward, custody of both the boys and girls will be transferred to the father.”
“Right of custody: As a general principle, in the event of a divorce, the right of custody for minor children is initially granted to the mother, provided she does not remarry. If she remarries, then her right of custody transfers to the maternal grandmother of the children.”
“The rights of custody that Shariah has stipulated are for legitimate children and not for adopted children.1 In the enquired scenario, since the milk is produced through medication, therefore upon breastfeeding your wife will become the foster mother of the child, however you will not be regarded as the foster father.2”
Quotes are the opening words of each answer as published; the full answer, its conditions and references are on the fatwa page. Answers depend on the exact details of each question.
Read the fatawa
- Custody Of A Child Ibn Masood · 10 Aug 2026
- Custody If Ex-Wife Marries a Non-Mahram Camperdown · 4 Aug 2025
- Right of Custody / ʿIddah MUBZ · 16 Jun 2024
- Does the right of custody apply to adopted kids too? AskImam · 30 Jan 2024
- Shar'ee obligation of the father to provide maintenance for the children after divorce Mufti Online · 10 May 2023
- Custody Of A Child Whose Mother Is an Alcoholic Azaadville · 12 Dec 2022
- Does the father have child custody rights upon divorce? Jamiat KZN · 8 Feb 2022
- Rights of Custody MJC · 8 Feb 2024
- Custodial Rights Ibn Masood · 12 Jul 2025
- Who has custody of the step daughter? AskImam · 20 Mar 2022
- Custody of children after divorce and purdah with step siblings Mufti Online · 27 Oct 2018
- Custody Of Children Azaadville · 20 Oct 2022
- Custody of children after divorce Jamiat KZN · 2 May 2018
- Maintenance of children after divorce Ibn Masood · 25 Jan 2023
- Ownership of the house and custody of the children after divorce AskImam · 5 Nov 2021
Search more fatawa on this Divorce & Iddah topic Compare Darul Iftas