✍ Written by: Imran Ayub Lahori
Ibn al-Qayyim رحمه الله stated that the Prophet ﷺ made five judgments regarding ḥaḍānah (custody and upbringing of children):
The Prophet ﷺ said:
الخالة بمنزلة الأم
"The maternal aunt is like the mother."
[Bukhari: 2699, Kitab al-Sulh: Bab Kayfa Yuktab…]
A man brought his minor child, over whom he and the child’s mother had a dispute. The man was not yet a Muslim. The Prophet ﷺ seated the father on one side and the mother on the other, then gave the child the choice and said:
"O Allah, guide him."
The child leaned towards his mother.
[Reported by Ahmad]
Rafi‘ bin Sinan accepted Islam, but his wife did not. The daughter leaned towards her mother, so the Prophet ﷺ supplicated:
"O Allah, guide her."
She then leaned towards her father, and he took her into his care.
[Abu Dawood: 2244]
A woman came to the Prophet ﷺ and said that her husband wanted to take away her child… (full narration in Abu Dawood: 2277).
A woman said to the Prophet ﷺ:
"This is my son; my womb was his vessel…", and continued her statement… (full narration in Abu Dawood: 2276).
These five cases form the foundation for rulings related to custody and upbringing of children.
[أعلام الموقعين: 4/360–361]
Ibn al-Qayyim رحمه الله stated that the Prophet ﷺ made five judgments regarding ḥaḍānah (custody and upbringing of children):
1. Custody of the Daughter of Hamzah (RA)
The Prophet ﷺ said:
الخالة بمنزلة الأم
"The maternal aunt is like the mother."
[Bukhari: 2699, Kitab al-Sulh: Bab Kayfa Yuktab…]
2. Dispute Over a Minor Child
A man brought his minor child, over whom he and the child’s mother had a dispute. The man was not yet a Muslim. The Prophet ﷺ seated the father on one side and the mother on the other, then gave the child the choice and said:
"O Allah, guide him."
The child leaned towards his mother.
[Reported by Ahmad]
3. The Case of Rafi‘ bin Sinan
Rafi‘ bin Sinan accepted Islam, but his wife did not. The daughter leaned towards her mother, so the Prophet ﷺ supplicated:
"O Allah, guide her."
She then leaned towards her father, and he took her into his care.
[Abu Dawood: 2244]
4. Woman Complaining About Her Husband Taking the Child
A woman came to the Prophet ﷺ and said that her husband wanted to take away her child… (full narration in Abu Dawood: 2277).
5. Woman Describing Her Maternal Rights Over the Child
A woman said to the Prophet ﷺ:
"This is my son; my womb was his vessel…", and continued her statement… (full narration in Abu Dawood: 2276).
These five cases form the foundation for rulings related to custody and upbringing of children.
[أعلام الموقعين: 4/360–361]
