Child Custody

10 Grade 9 Religious Education (IRE) questions on Child Custody, with worked marking schemes. 10 questions are available on this topic in full.

1. Question 1

   1 mark

   In matters of child custody in Islam, the overriding consideration in deciding who cares for the child is:

   A. The best interest and welfare of the child

   B. The age of the mother

   C. The wealth of the father

   D. The tribe of the parents

   (1 mark)

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2. Question 2

   1 mark

   Following a divorce, both parents want custody (hadanah) of their young child. According to the general principle of Islamic law on hadanah, whose right to care for a young child is normally given priority, provided the conditions are met?

   A. The father, automatically in all cases

   B. The mother, as she is usually given priority in the early years

   C. The eldest sibling

   D. The grandparents on the father's side first

   (1 mark)

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3. Question 3

   1 mark

   Even when the mother has custody of a young child after divorce, who normally remains responsible for the child's maintenance (nafaqah)?

   A. The father

   B. The mother

   C. The maternal grandmother

   D. The imam

   (1 mark)

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4. Question 4

   1 mark

   After a divorce, parents argue over who should care for their young child. In Islamic teaching on Hadanah (custody), what is the guiding principle that courts and families should follow?

   A. The child automatically goes to the wealthier parent

   B. The welfare and best interests of the child take priority, with the mother generally favoured for a young child

   C. The child must always go to the father immediately

   D. The child is given to a stranger

   (1 mark)

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5. Question 5

   3 marks

   State three conditions that a person must meet in order to qualify as a custodian (hadin) of a child in Islam.

   (3 marks)

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6. Question 6

   1 mark

   Which of the following would MOST likely cause a mother to lose her right to custody of her child under Islamic law?

   A. Her being poor but caring

   B. Her being young

   C. Her being the child's biological mother

   D. Her being of unsound mind or unable to care for the child

   (1 mark)

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7. Question 7

   6 marks

   After a divorce, a mother and father disagree over who should care for their 3-year-old son. Explain how Islamic teaching on child custody would guide the resolution of this dispute.

   (6 marks)

   Marking scheme

   Up to 6 marks: the mother is generally given the first right to custody of a young child provided she is fit (2); the guiding principle is the best interest and welfare of the child (2); the father remains responsible for maintenance even while the mother has custody (1); custody may transfer if the mother is unfit or remarries someone unsuitable (1); a fair authority/qadhi may decide considering the child's welfare (1). Reward well-explained points.

8. Question 8

   6 marks

   Explain three responsibilities that parents have towards their children according to Islamic teachings.

   (6 marks)

   Marking scheme

   2 marks each for any 3: providing food, clothing and shelter (maintenance); giving the child good Islamic upbringing/education; showing love, care and protection; treating children fairly/equally; giving a good name; teaching good morals and worship. Accept other valid responsibilities.

9. Question 9

   1 mark

   In Islamic law, what is the term used for the custody and care of a young child?

   A. Nikah

   B. Hadanah

   C. Iddah

   D. Talaq

   (1 mark)

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10. Question 10

    1 mark

    After a divorce, who is generally given the first right to the custody (hadanah) of a young child in Islamic law, provided she is fit?

    A. The paternal uncle

    B. The mother

    C. The elder brother

    D. The grandfather

    (1 mark)

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