The Shari`ah does not give any specific directive regarding the custody of children, after divorce or separation of their parents. Thus, this is a matter, which is left for the parents to decide. If the parents do not reach a settlement then the court shall resolve the dispute. However, whatever the mode of settlement, there are a few principles, which although are not a part of the Shari`ah , but in my opinion should be duly considered while deciding about the custody of the child. The Prophet (pbuh) also decided such cases in the light of these principles. Firstly, incase of an infant, the mother should be given preference because a mother is naturally gifted with the required emotions and capabilities to take care of an infant. However, this preference will cease to exist if the mother decides to remarry. Now the father and the mother will be at par with each other in the matter of custody. This is so because the new husband of the woman might not want to keep the child or pay attention to his/her up bringing. Secondly, in the light of the Qur'anic principle that a man is the head of the family, it will be the responsibility of the father to provide for the basic needs of the children whether they are living with him or with their mother. Thirdly, unless hindered by an obvious moral or ethical reason, once the child is in a position to show his/her inclination in any way, its own choice shall be given due consideration in giving its custody to either of the parent. However, after maturity, the child shall itself decide where he wants to live and his/her preference shall play the most important role in the decision. I hope this explanation answers your question. You can always get back if you are still unclear. However, this is only my opinion in this regard and I admit any chance of mistake in forming this opinion. I would be open to other points of view if based on stronger reasons. May Allah guide us all towards the right path. Note : This response was written by This e-mail address is being protected from spambots. You need JavaScript enabled to view it Answer published by Moiz Amjad