❖ Extracted from Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri ❖
✿ Who Has the Right to the Custody (Ḥaḍānah) of Young Children? ✿
Islamic Perspective on Child Custody (Ḥaḍānah)
Islam is a religion that safeguards five essential aspects of human dignity:
① Life, ② Wealth, ③ Intellect, ④ Honour, and ⑤ Faith.
A child, from birth to adulthood, passes through stages of extreme dependence. During this time, the child needs full care—physically, intellectually, and spiritually. Islam assigns this responsibility to the parents. However, when separation or divorce occurs between them, the question arises: Who will take care of the child?
Islam does not automatically favour the mother or the father. Instead, custody is granted to the one who is more competent in fulfilling the child’s physical, spiritual, and religious needs—whether that is the mother or the father.
❖ Definition of Ḥaḍānah (Custody)
Imām Ṣanʿānī رحمه الله said:
في الشرع حفظ من لا يستقل بأمره وتربيته ووقايته عما يهلكه أو يضره
“In Sharʿī terms, ḥaḍānah means caring for one who cannot manage their own affairs, raising them, and protecting them from harm or destruction.”
Subul al-Salām, Sharḥ Bulūgh al-Marām 2/330
Example from the Sunnah
Hadith 1 – A Mother’s Right to Custody Before Remarriage:
عن عبد الله بن عمرو بن العاص رضي الله عنهما:
“…فقال لها رسول الله صلى الله عليه وسلم: أنت أحق به ما لم تنكحي”
“…The Prophet ﷺ said to her: You have more right to the child as long as you do not remarry.”
Musnad Aḥmad 2/182, Abū Dāwūd 2276, al-Bayhaqī 7/8 – Isnāds Ḥasan & ṢaḥīḥImām Ḥākim and Ḥāfiẓ al-Dhahabī declared the narration authentic (ṣaḥīḥ).
Scholarly Consensus and Commentary
❀ Imām al-Khaṭṭābī (388H) said:
“Scholars agree that the mother has more right to the young child than the father—as long as she does not remarry. If she does, the right passes to the maternal grandmother and then to the other female elders.”
Maʿālim al-Sunan 3/282❀ Imām Abū Bakr Ibn al-ʿArabī (543H) said:
“There is consensus among the scholars on this matter.”
Al-Masālik Sharḥ Muwaṭṭaʾ Mālik 6/489; Al-Qabas, p. 954 Hadith 2 – Child Given a Choice if of Understanding Age
Narration:
A woman came to the Prophet ﷺ and complained that her husband wanted to take her son away. The boy fetched water for her and was of use. The Prophet ﷺ called the boy and said:
“This is your father and this is your mother. You may go with whomever you choose.”
The child chose his mother.
Sunan al-Nasā’ī 3496, Musnad Aḥmad 2/296, Abū Dāwūd 2277, Tirmidhī 1357, Ibn Mājah 2351 – All with authentic isnādsImām Tirmidhī classified it as “Ḥasan Ṣaḥīḥ”, and so did Imām Ḥākim and Ḥāfiẓ al-Dhahabī.
❖ Scholars' Clarification on This Hadith
Imām al-Khaṭṭābī رحمه الله said:
“This applies to a child who has become intelligent and no longer requires care. Such a child may choose between the parents.”
Maʿālim al-Sunan 3/283❖ Imām al-Albānī رحمه الله said:
“This choice is not absolute; only for children who have reached an age of discernment. A child who is weak-minded and unaware cannot be given such a choice.”
Ḥāshiyah al-Rawḍah al-Nadiyyah 2/338❖ Ibn al-Qayyim رحمه الله’s Insightful Commentary:
Custody is always judged according to the child’s best interests. A mother may be preferred over a father—or vice versa—depending on the ability to uphold Islamic duties and proper upbringing. If the child chooses the parent who is lenient and neglectful, that choice is invalid. The custodian must fulfill religious obligations such as teaching ṣalāh, Qurʾān, and good character.Ibn al-Qayyim also quoted Shaykh al-Islām Ibn Taymiyyah رحمه الله, who said:
“This right (custody) is not a hereditary privilege based merely on relation or lineage. It is a Sharʿī responsibility tied to fulfilling obligations and properly raising the child.”
Zād al-Maʿād 4/475◈ Summary of Key Points:
① Custody (ḥaḍānah) is not exclusive to the mother or father—priority is based on capability and religious responsibility.
② The mother retains priority until she remarries. After remarriage, custody passes to maternal grandmothers or others.
③ Children of discerning age may be given a choice—but only when both options are religiously valid.
④ Custody is determined by what is best for the child in light of Islamic guidance, not mere emotion or tradition.
⑤ The goal is to protect the child’s religion, character, and well-being.
