1401 - Issue: He said: "And when the girl reaches seven years of age, the father is more entitled to her."

Al-Shafi'i said: She is given the choice like the boy, because for every age at which the boy is given a choice, the girl is also given a choice, such as the age of puberty. Abu Hanifah said: The mother is more entitled to her until she is married or menstruates. Malik said: The mother is more entitled to her until she is married and the husband consummates the marriage with her, because her choice has no legal standing and she cannot live independently; therefore, the mother is more entitled to her, just as before the age of seven. Our view is that the purpose of custody is well-being, and the well-being of the girl after the age of seven lies in being with her father, because she requires protection, and the father is more deserving of this, for the mother herself requires someone to protect and safeguard her. Moreover, when she reaches the age of seven, she approaches the eligibility for marriage; the Prophet (may Allah bless him and grant him peace) married 'Aisha when she was seven years old. A girl is only proposed to through her father, because he is her guardian and the one who has the authority to marry her off; he is more knowledgeable about suitability and more capable of investigation, so he should be given priority over others. Recourse is not made to giving her the choice, because the Shari'ah has not ordained it for her in this regard, and it is not valid to compare her to the boy, because he does not have the same need for protection and marriage as she does. Nor is it valid to compare it to the age of puberty, because at that time her word is considered regarding her consent, authorizing an agent, making admissions, and making choices, unlike our case here. It is also not valid to compare what is after the age of seven to what is before it, for the reasons we mentioned in our evidence.

Section: If the girl is with the mother or the father, she remains with them night and day, because her discipline and training within the home—such as teaching her spinning, cooking, and other things—do not require her to be taken out of it. Neither of them is prevented from visiting her at the other's place, provided that the husband does not seclude himself with her mother, nor prolong his stay, nor act familiarly; for the separation between them prevents either of them from acting familiarly in the home of the other. If she becomes ill, the mother is more entitled to nurse her in her own home. If the boy is with the mother after the age of seven due to his choosing her, he stays with her at night, and the father takes him during the day to place him in a school or