The conditions for one to be entitled to have right of custody of a child in Shari’ah law

THE CONDITIONS FOR ONE TO BE ENTITLED TO HAVE RIGHT OF CUSTODY OF A CHILD IN SHARĪ’AH LAW

It is trite under Islāmic Law, that the right of custody of a child of divorce occurs belongs to the mother. This right is however not automatic, because, for the mother or any other person to be eligible, there are conditions precedent to that.

The quality the mother must have are:
1. Sanity
2. Maturity
3. Ability to train the child
4.  Must be honest, trustworthy and having good morals
5. Not to have re-married to a non-mahram
6. Free from slavery
7. Not be be cruel to the child
8. Free from infectious disease

AUTHORITIES:

📝فقه السنة -سيد سابق
FIQHU SUNNAH, VOL II, PAGE 341-344
📝الفقه المالك في ثوبة الجديد -محمد بشير الشقفه
AL-FIQHU MĀLIK FĪ THAUBATIL JADĪD, VOL 3, PAGE 445
📝الفقه الإسلامي وأدلته -وهبة الزحيلي
AL-FIQHUL ISLĀMIYYU WA ADILLATUHU
📝ADAMU v. ABDURAHMAN
(2020) LPELR-51580(CA)


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