Section 2: The end of custody and giving the child the choice to choose the custodian

The end of the custody over the young child: The custody of a child – be they male or female - ends upon reaching puberty except in the case where it is feared the child will cause harm to himself or his wealth. This is the view of the majority of scholars: [269]    According to r the Maliki Madhab, the custody of boys ends upon reaching puberty, and the custody of girls ends once she is married, and her marriage is consummated. , namely the Hanafi, Shafi’i, [270]    The apparent meaning of their words suggests that custody of boys and girls ends upon reaching puberty. and Hanbali Madhabs [271]    According to the Hanbali Madhab, a female slave female does not have the right to be alone even if she has reached puberty. .
2. Giving the boy and girl under custody a choice to choose their custodian [272]    The boy is not given a choice between his parents in custody if doing so does not serve his best interest.
a. The boy: The boy is given a choice to choose between his father and his mother when he reaches seven years old, which is the view of the Shafi’i [273] The Shafi'I Madhab holds the view that he is given the choice if he has reached the discerning age, which is estimated to be about 7 or 8 years old. If he chooses one of them, he is given to the parent of his choice, and if afterwards he changes his mind and chooses the other parent, his wish to be fulfilled. The child should be given to the parent of his choice even if he changes his mind every time unless he changes his mind more often such that it entails that he lacks the ability to discern where his best interest lies. In such case, his right to make a choice is fortified and then his mother is assigned to be his custody. In the event of where the child refuses to choose one of the two parents, the mother is given precedence.  and Hanbali Madhabs, the adopted view of some Maliki scholars, and the view of Ibn al-Qayyim, al-Shawkaanee, and Ibn ‘Uthaymeen. It is reported that it is a matter of agreement among the Companions.
b. The girl [274]    Ibn Taymiyyah said: “The better choice that serves her interest is to be with one of her parents, and that she should not be given the choice to choose her custodian, as the majority of Muslim scholars said: Malik, Abu Hanifah, Ahmed, and others. There is no textual evidence or analogy to allow giving her choice in this matter, and the difference is apparent between giving the son choice and not giving her the same option, particularly that it is human nature to like having boys more than girls. One of the parents may does not wish to have her under their custody although he likes her. How about if the parent neither wishes to have her nor even likes having her in their custody. For this reason, her best interest is noted in giving her custody to one of the two parents and not to change her custodian every now and then… Giving precedence to each parent as I mentioned was done so because it serves her best interest and keeps her from harm. With that said, if she is expected to be harmed due to being in the custody of one parent, then the other parent should be, without a doubt, given precedence”. Majmoo’ al-Fataawa (34/115-129). : The girl is not given a choice about whom takes her custody, and she remains under the custody of her mother until she gets married. , This is the view of the Maliki Madhab, one of the reported views of Ahmad and the view of Ibn Al-Qayyim and Ibn ‘Uthaymeen.