Ruling on Separating Captive Women from Their Children in Islam

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◈ Separation Between Captive Women and Their Children in Islam ◈
✍️ Authored by: Imran Ayyub Lahori

❖ Prohibition of Separating Captive Women from Their Children

It is not permissible to separate a mother from her child among captives.

The Prophet ﷺ said:

من فرق بين والدة وولدها فرق الله بينه وبين أحبته يوم القيامة
“Whoever separates a mother from her child, Allah will separate him from his loved ones on the Day of Resurrection.”

References:
[Hasan: al-Mishkat: 3361, Sahih al-Tirmidhi, Tirmidhi: 1566, Kitab al-Siyar: Chapter on the Dislike of Separation, al-Darimi: 227/2, Ahmad: 412/5]

❖ Scholarly Opinions on When Separation Becomes Permissible

  • Imam al-Shafi’i رحمه الله: Separation is permissible when the child reaches seven or eight years of age.
  • Imam Malik رحمه الله: Separation is allowed when the child’s teeth have grown and started falling out.
  • Hanafi School: It becomes permissible when the child begins experiencing nocturnal emissions (puberty).
  • Imam Ahmad رحمه الله: Separation is never permissible, even if the child becomes mature or an adult.
  • Imam al-Awza‘i رحمه الله: Separation is allowed when the child becomes independent of the father.

[Marqat al-Mafatih: 528/6–529, Tuhfat al-Ahwazi: 573/4]

❖ Preferred (Rājih) Opinion

The opinion of Imam Ahmad رحمه الله is closer to the Hadith and is considered stronger in this matter.