What is the age limit after which separation between parent and child becomes permissible?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The separation between a parent and child becomes permissible when the child reaches puberty. This is the view attributed to Imam Ahmad, Saeed bin Al-Musayyab, the Hanafi scholars, and one position of Al-Shafi'i. Malik stipulated the age when the child begins to develop molars, while Al-Awza'i and Al-Laith set the limit when the child becomes independent of the mother and can care for himself. Another view from Al-Shafi'i suggests seven or eight years old. Abu Thawr suggested when the child can dress and perform ablution independently, as this indicates self-sufficiency, mirroring the validity of the choice given to the child between parents.
Supporting text
A ruling based on the Hadith of Ubadah bin Al-Samit indicates that separation is prohibited until the boy reaches puberty and the girl begins menstruation, suggesting that anything less than puberty places the child under tutelage, resembling an infant.