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Text and translation
English translation
2244. Rāfi' bin Sinān narrated that he accepted Islam, but his wife refused to do so. So she went to the Prophet ﷺ and said: "She is my daughter, and she is weaned, or almost weaned." And Rāfi' said: "She is my daughter." So the Prophet ﷺ told him, "Sit on this side," and told her, "Sit on that side," and then placed the girl between them. He then said to both of them: "Call her." The girl went towards her mother, but the Prophet ﷺ said: "O Allāh! Guide her," so she went to her father, and he took her. (Hasan)
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Commentary
In case, the couple are separated, their child, providing he is of sound judgment, shall be given the right to choose any of the two. As for the child lacking such ability, scholars have different opinions. For example, a male child will remain in custody of his mother for seven years and a female child for nine years. Later, they will be handed over to the father.
