Divorce is undoubtedly a critical time in any relationship. It can not only leave one shattered but also devastated. Besides the partners, the child also has to go through a variety of complications. However, the major concern among parents that arises while following Syariah is Child Custody. Who would get custody of the child?
Does either one of them get to meet the child? What are the specific children's laws that parents have to follow? There are indeed so many questions that may arise in one's mind.
If you are thinking of the same, then read until the end to discover how the divorce-related Syariah law affects child custody arrangements.
What is Child Custody?
In simple words, child custody can be understood as the legal term regarding guardianship of the child after the divorce takes place. It is child custody that is the main point of dispute in combative marriages.
Once the divorce is filed, the parents of the minor child can claim equal custody. However, if there is no mutual agreement, then the child's key life decision is usually made by the family court.
What is Child Custody in Syariah Law?
Legally speaking, having "custody" implies having the authority to make important choices for the child and consider his / her welfare. These choices are made about a child's health, education, and religious upbringing besides material welfare. Well, if you are thinking of the Muslim law on the custody of the child, then check out the below pointers.
● Custody Up to the Age of 7
When talking precisely about the Syariah law firm, the child's custody is rested solely on the mother by the court until the age of seven. But this totally depends if the mother is considered to be a wrong fit or is proven incapable of raising one.
● Custody If the Child is Older
If the child is older, then he or she will be given the choice to decide which parent they want to live with.
● Shared Custody
The Syariah Law Firm will treat joint custody in a manner similar to that of the civil law courts. This means the divorced couples will often be given "shared custody" of the kid unless any one parent has abused or has used violence against the child.
● Remarriage of the Mother
Though the custody can belong to the mother if the child is seven years old, she might still lose the custodial rights, if she decides to get married. On the other hand, the child can also choose to live with the mother even if she remarries. This only implies if the child is older than seven years old and if the mother serves the child's welfare properly.
In case any parent does not get custody, then there are chances of getting access to the child. This may include seeing the child on alternative weekends, specific holidays, or other reasonable durations of the year.
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