The Islamic Perspective on Child Custody

 Posted on December 11, 2024 in Child Custody

Divorce is virtually always a challenge in some way, whether for the spouses, their children, or everyone involved, even those on the fringe. "Custody" in Illinois is known as the allocation of parental responsibilities. Parenting time, designating one parent as the primary resident parent, and a comprehensive parenting plan are all part of the process.

The Islamic perspective on these issues ensures the welfare of the children while preserving the rights and responsibilities of both parents in raising their shared children. Islamic couples who are considering divorce can consult with an Oakbrook Terrace, IL family law attorney from Farooqi & Husain Law Office who has significant knowledge and experience in Islamic family law.  

General Custody Considerations Under Islamic Law

Under Islamic law, the parent who will have custody is considered the child's right rather than the right of either parent, which speaks to the child's best interests. An Islamic judge must hear both sides of the custody issue to make a determination, but the mother has priority right under Islamic law over the physical custody of a minor child, up to a certain age, after the divorce if she does not remarry. If the mother chooses to remarry, she forfeits her right to custody.  

Islamic doctrines apply differently depending on the children's ages. When a mother petitions for custody, specific conditions apply. The father is always responsible for ensuring the child’s financial well-being; if the father is deceased or absent, this becomes the responsibility of the paternal grandfather.

Custody Specifics for Islamic Couples

Most Islamic couples going through a divorce will rely on guardianship rather than going through a contentious custody battle in court. There are three types of guardianship. Guardianship of upbringing refers to the nurturing care younger children receive from their mothers and other women in their lives. This period generally ends at age seven to nine for boys and nine to 11 for girls. If the parents are divorced when a girl reaches the end of the age of dependence, she may stay with her mother only if both parents agree.

The son must live with his father when his age of dependence ends, but after puberty, he can choose to live with either parent. Spiritual guardianship is the purview of the father of the child, although he can assign spiritual guardianship to a full-blooded male relative. The spiritual guardian is charged with raising the child within the Muslim faith.  Property guardianship allows a father to take guardianship over the child’s property.   

The only time a Muslim mother’s custody rights are not considered is when she has a mental or physical illness, a criminal record, or an addiction that renders her unfit to care for a child. Like Illinois decisions regarding the allocation of parental responsibilities, Islamic custody decisions are always based on the best interests of the child, so the judge must consider all legitimate factors.

Contact a DuPage County, IL Allocation of Parental Responsibilities Lawyer

An Islamic couple facing divorce and child custody issues can benefit from speaking to an Oakbrook Terrace, IL allocation of parental responsibilities attorney who has a broad knowledge of Islamic family law. When you choose Farooqi & Husain Law Office, attorneys Naveed Husain and Ausaf Farooqi have this knowledge, providing them with a unique perspective when assisting the Chicago Muslim community. Both attorneys understand the intersection of law with Islamic beliefs. Contact Farooqi & Husain Law Office at 630-909-9114 to schedule a consultation to discuss your family law issues.