Title: Agreement on child custody in khula

Question: A woman’s demand for khula on unjust grounds is granted by her husband on the condition that the male child (under 7 years of age) will remain with him in his custody. This condition forms the part of the agreement & the terms of khula. After obtaining the khula the woman abducts the child and remarries. This woman still retains the custody of the child even though he is more than 7 years of age now and maintains that it is as per the Shariah. What does Shariah say on such an agreement and honoring an agreement or a pact in this case? What is the stand of our beloved Prophet (PBUH) in honoring pact/agreement?

Answer ID: 49218Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 21/53/B=01/1435) The ruling is that when child turns seven years old then the father may keep him in his custody after talaq. He should undertake his upbringing and give him better education. The mother should give the child to his father after the child turns seven year old.