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The custody of minors
Question: If a husband divorces his wife, then who
among the two will have the right to have the children?
Answer: : The matter of the custody of minor
children has not been touched upon in the Shari‘ah. In other words,
it has been left to the welfare of the children. In case of a dispute, a
judge should make this ruling after analysing the
situation of a case in the light of this principle.
Perhaps the reason for which nothing has been fixed in the Shari‘ah
in this regard is the varying circumstances which
may be found in different cases.