Ruling on Separating Captive Women from Their Children in Islam

◈ 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.