If parents separate while they have a child, the mother has the primary right to custody unless there is a valid reason preventing her from taking care of the child.
The rulings on this page are taken from “Child Custody in Islam after a Divorce or Separation (Part 1): Shaikh Salih Al-Fawzan” by Abu Khadeejah Abdul-Wahid, which presents Shaykh Salih al-Fawzan’s explanation of the Chapter of Hadanah in Bulugh al-Maram, from his Tas-heel al-Ilmam, Volume 5.
The Meaning of Custody (Hadanah)
Ibn Hajr in Bulugh Al Maram wrote a chapter entitled The Chapter of Hadanah. This term refers to protecting children from harm, establishing their cultivation, and giving them the care and attention they are entitled to. Islam is a religion of mercy and goodness, and children are not left abandoned or neglected when the mother and father separate, whether by divorce or death. Rather, Islam gives great concern to the welfare of children, and the primary carer is held accountable to fulfil their rights so they are not neglected or left without proper care and upbringing.
The Importance of Caring for Children in Islam
Children in Islam are given great importance. It is not allowed to neglect them or abandon them. Just as a child has a right to food, clothing, and shelter, they also have a right to cultivation, education, and good manners, and this is even more important. Parents are responsible for nurturing their children upon good character and protecting them from harm. When parents become neglectful and hand over the upbringing of their children without proper care, this can lead to harm in their character, manners, and even their religion.
Why the Mother Has Priority in Custody
The mother is given priority in custody because she is more compassionate towards the child than the father, and more aware of its needs: hygiene, cleanliness, neatness, and overall care of him.
Evidence from the Sunnah
‘Abdullah ibn ‘Amr (radiyallahu ‘anhumaa) narrated that a woman said:
“O Messenger of Allah, this is my son. My womb was a vessel for him, my breasts were a source of drink for him, and my lap was a place for him to curl up. Now, his father has divorced me, and he wishes to take him from me.”
So Allah’s Messenger ﷺ said:
“You have a greater right to him so long as you do not re-marry.”
(Reported by Ahmad 6707, Abu Dawood 2276, and Al Hakim 2/207.)
This narration shows that the mother has precedence in custody because she is usually more compassionate and more aware of the needs of a young child, such as hygiene, cleanliness, care, and nurturing.
Order of Custody in Islamic Law
The order of custody for a young child begins with the women on the mother’s side of the family, starting with the mother herself. Then it passes to the women on the father’s side. If suitable female relatives cannot be found, then custody moves to male relatives who ensure that the child is cared for by a trustworthy woman.
When the Mother Remarries
If the mother remarries, custody normally passes to the next person in line because her primary responsibility is now toward her new husband. However, if the new husband permits her to continue caring for the child, then her right to custody may remain.
These rulings concern young children; custody once a child reaches the age of discernment is a further discussion, treated in Parts 2 and 3 of the same article.
Key Lessons
This reasoning explains why Sharia prioritises the mother for custody of young children, as she is best suited to care for their emotional and physical needs. Parents are held responsible for the proper cultivation and upbringing of their children so that they grow with good manners, sound character, and firm faith. Neglecting this responsibility can lead to harm for both parents and children in the future.
References
- “Child Custody in Islam after a Divorce or Separation (Part 1): Shaikh Salih Al-Fawzan,” Abu Khadeejah Abdul-Wahid, abukhadeejah.com. The article presents Shaykh Salih al-Fawzan’s explanation of the Chapter of Hadanah in Bulugh al-Maram, from his Tas-heel al-Ilmam bi-Fiqh al-Ahadith min Bulugh al-Maram, Volume 5. https://abukhadeejah.com/child-custody-in-islam-after-a-divorce-or-separation-part-1-shaikh-salih-al-fawzan/
- Bulugh al-Maram min Adillat al-Ahkam, al-Hafiz Ibn Hajr al-Asqalani, the Chapter of Hadanah: the book the explanation above is written on. Not in this site’s library.
Further Reading
- The Rights of Children Upon Their Parents in Islam: what parents owe their children, from before birth onward
- The Woman’s Right to Khula’: how a wife seeks release from a marriage she cannot remain in
- Third Divorce and Returning to the First Husband: the third divorce and when a wife may return to her first husband
- Preservation of Lineage (Nasab): why lineage is protected and the sin of claiming another father
Checked on 2026-10-26 against the article named in the References. This page is based on the article named in the References: Abu Khadeejah Abdul-Wahid’s presentation of Shaykh Salih al-Fawzan’s explanation of the Chapter of Hadanah in Bulugh al-Maram, from his Tas-heel al-Ilmam (Volume 5). Bulugh al-Maram and Tas-heel al-Ilmam are not in this site’s library, so this page rests on the article’s presentation, with attribution, rather than on a book held here. It covers custody of young children; the rulings for a child who reaches the age of discernment are treated in the later parts of the same article.