Friday, January 15, 2010

Can a woman stipulate in a Muslim marriage that she keep any children in case of divorce?

I know that women may add stipulations, such as she may be the only wife, amount of dowry, etc. What about rights to the children?


Thanks..Can a woman stipulate in a Muslim marriage that she keep any children in case of divorce?
Yes, she can do this. Most of the time, the women get custody. Under the law of both the land and in Sharia, it is mandatory that fathers pay child support.Can a woman stipulate in a Muslim marriage that she keep any children in case of divorce?
Hello, I don't think a woman can stipulate anything about custody in a marriage contract because this question has already been set out in the Sharia and anything which goes against sharia is not permitted. Having said that, the mother usually does keep the children after divorce unless she is not a capable mother and/or unless she re-marries. The father should be able to see the children regularly. When the children reach a certain age(i thought it was 7), boys choose whether they want to live with their mother or father and for girls it depends on the judge/school of thought, either she stays with her mother, goes to her father or chooses herself.
According to U.S. law, such a stipulation would not hold in court as the judgement is made based on the best interest of the children at the time of divorce. Most countries legal systems prefer for the mother to raise the children in case of divorce. However, you should also consider an understanding with the other party, so the children will actively have both a mother and a father. And that's ultimately their best interest.
She keeps the children in case of divorce even if it is not written in the marriage contract . Anything that is stipulated in the marriage contract should be fulfilled according to this verse





O you who believe, you shall fulfill your covenants.5:1
Well, the topic of children is not usually mentioned during the marriage, that usually depends on the laws of the country, and the custody battle. Bt it is mandatory for the father to provide financially.
I think it's okay if the husband agrees. But if there is no agreement, the child stays with the mother until 2 years old but with father's support, then the father gets custody of the child.
Islam comes in many flavors just like Christianity. And the laws %26amp; customs vary in different countries.

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