What Is Hidanah? Who Gets Child Custody After Divorce in Islam?
Divorce in Islam is not merely the separation of two adults; it directly affects the future of a child. One of the most discussed issues in Islamic jurisprudence is hidanah — the right of child custody and care after separation. Many people ask: Who receives custody after divorce in Islam? Does the mother automatically have priority? Can the child choose? This article examines the concept of hidanah within classical Islamic law, compares scholarly opinions across schools of thought, and evaluates the issue from the perspective of the child’s best interest. “Divorce is a separation; but for the child, it is the beginning of a new life. So, with whom will this life be shaped?” When a marriage ends, the most precious thing left behind is the child. The Islamic rules that determine the child’s care, upbringing, and who they will live with are called ‘hidanah rights’; this right is a responsibility shaped by conscience regarding who the child will live with after the separation. A woman cam...