If a husband divorces his wife, then who among the two will have the right to have the children?
The matter of the custody of minor children has not been touched upon in the Sharī‘ah. In other words, it has been left to the welfare of the children. In case of a dispute, a judge should make this ruling after analysing the situation of a case in the light of this principle.
Perhaps the reason for which nothing has been fixed in the Sharī‘ah in this regard is the varying circumstances which may be found in different cases.