Title: Is the Mother's only Right to See her Children 3 Hours per Week? Question: After divorce does the father have the right to keep the children with him? And is the mother only allowed to see her children some hours per week, unless she comes to a compromise with the father? What if the children want to live with their mother? When are the children allowed to make their own decision whether to live with the mother or the father? dina M Answer: The Shari`ah has not given a specific decision regarding the custody of the children in case of the divorce or the separation of the parents. This really implies that the decision has been left to the judgment of the competent court, which it must pass keeping in view the well being of the child and its social and emotional requirements. There are a few cases reported in the books of Hadith , in which the earliest Muslims gave the custody of the child to the mother in view of the mother's as well as the child's emotional requirements as well as in view of the child's inclinations and general well being. However, whatever the decision of the court, the financial responsibility of the child shall remain on the father. In view of the foregoing facts, I consider it extremely wrong to deprive the child of motherly love and affection and to limit the satisfaction of one of its most essential needs to only a few hours in a week, except only where it is considered in the best interest of the child to do so. As far as when can the children be allowed to take their own decisions, I consider it important to give due weight to the child's preferences even at the earliest of ages. Nevertheless, after attaining the age of majority, it becomes the legal right of the child to be allowed to live in accordance with his own decisions. I hope this helps. Regards, Moiz Amjad January 1, 2002