Guardianship

guardianship

separation between the mother and the child leads to many problems such as psychological and behavioral disorders in the character of the child ([1]). this is why the mother deserves to have the guardianship of the children in case of divorce. she is eligible to have custody of children as long as she does not get married. the order of relatives who deserve the guardianship of the child after the mother is the maternal grandmother, the father, parental grandmother, grandfather, great-grandmothers, the sister of the child and finally the half sister ([2]).

those who are disqualified to have the guardianship right are infidels, atheists, polytheists, slaves and the mother who marries a non relative to the child ([3]).

the guardianship of the child is seven years old then the child is to choose between one of his parents to stay with. according to the hanbali fiqh, the daughter should go to live with her father after she turns seven years old. all schools of jurisprudences agree that she should live with her father if she reaches the age of puberty ([4]).

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([1]) tasmim al-barnamaj al-tarbawee lil tifl by yousrya sadiq and zakariyah al-sherbini: page 10-16.

([2]) al-mughni by ibn qudamah: 11/521-526, sharh al-umda by baha al-din al-maqdisi: page 436-437.

([3]) sharh al-umda by baha al-din al-maqdisi: page 436-437.

([4]) sharh al-umda by baha al-din al-maqdisi: page 436-437.