Can a minor choose who to stay with after the age of 7?

1 min readEnglish
alalq divorce

Question

At the age of seven, the child should be handed into the care of the father. Does the child have any say in this matter?

Answer

The child has no say in the matter (simply because he/she can be easily manipulated and is not capable of making such a decision). When the child is able to look after himself (see above) he will be handed over to the father. In the situation where a Mufti or a Judge (Islamic) for the child’s sake sees it better for the child to be with the mother, then a different ruling may be considered.

References (Arabic / Urdu sources)

Fatāwā Dārul Ulūm Zakariyyā, Vol. 4, Pg. 353-354

Ask DU Zakariyya

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa, Darul Uloom Zakariyya. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.