Child Custody in the Quran
Question:
Does the Quran have any rules on child custody in case of divorce?
Reply:
The Quran left this issue flexible and to be decided by the divorced couple by mutual agreement. This must be done equitably according to the situation of every divorced couple. God commanded that all matters which arise from a divorce, such as custody, be decided by consultation. In Sura 65, which is entitled “Divorce”, God addresses the divorced couple with the following words:
“Discuss things between you equitably” 65:6
Every divorced couple must thus sit together and work out what is best for their children. Since the parent to have custody will not always be the father or always the mother, God left this decision to be flexible and to be decided equitably.
The issue of child custody is not fostered on gender either; it is based on the capability and suitability of the parent. In other words, it is a decision to be decided according to which parent is better prepared to raise the children.
In addition, in 2:233, we read how the divorced couple are advised to reach an agreement through mutual consent regarding all affairs which result from a divorce, one of which is child custody. This must be agreed upon in a fair manner which safeguards the wellfare of the children:
“Then if they wish to part by mutual consent and after due consultation, they commit no error by doing so.” 2:233
God being the most Wise, would not decree a binding law that gives one parent, for example the father, child custody in all cases since the father is not always the best suited to have child custody; hence the flexibility.
It follows that all matters which need to be worked out after a divorce, must also be decided in the same manner. This includes such issues as the frequency and manner in which the parent who does not have custody may see his/her children, also decisions related to the education of the children and all other similar matters.
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