MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Children, inheritance & global

🌍 Children, inheritance & global · #203

Can the court give custody of the eldest child to the father and the youngest to the mother?

Yes; the court weighs the welfare of each child separately. Act 303 s.86(4) says that where there are two or more children of a marriage, the court is not bound to place them all in the custody of the same person, but must consider the welfare of each independently. Factors such as age, sex, schooling, health and the wishes of a child able to express an opinion are all weighed. Still, separating siblings has its own effects, so many parents arrange frequent meetings between them. The Prophet ﷺ said: “Be conscious of Allah and act justly among your children” (Sahih al-Bukhari 2587). See Hadhanah & lineage.

Sources

Act 303, s.86Sahih al-Bukhari 2587
← PreviousThe children live with my former wife. What are my rights to see them?Next →Our custody case will take time. Who looks after the children while we wait for the decision?

Related questions

My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…Until when must a father pay child maintenance under a court order?Under Act 303 s.79, a child maintenance order usually ends when the child turns 18. The court may, on the…The mother has custody of the children. What are the father's rights to visit and keep in touch?The father is still entitled to visit, keep in touch and be involved in the children’s lives; the court can set a visiting …A custody order was made some years ago, but things have changed. Can it be varied?Yes, if there is a material change in circumstances or the original order rested on wrong information. Act 303 s.75…My child is in my custody, but my former husband says he makes the school decisions. Who is right?Both have a role: hadhanah is day-to-day care, guardianship is authority over the child’s person and property. Act 303…What does the court put first when deciding who will look after the children?The welfare of the child is the paramount consideration. Act 303 s.86(2) says that in deciding custody, the welfare…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.