The custody of minors
 

Question: If a husband divorces his wife, then who among the two will have the right to have the children?

Answer: : The matter of the custody of minor children has not been touched upon in the Shari‘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 Shari‘ah in this regard is the varying circumstances which        may be found in different cases.