Does a female child reach the age of choice (*takhyeer*) at seven years old?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The Shafi'i school holds that the female child reaches the age of choice just as the male child does, as any age where choice is granted to the male after puberty is also granted to the female. The purpose of custody is securing the child's welfare (*hazz*). After seven years, the welfare of the female child dictates that she remain with her father because she requires protection and safekeeping, which the father is more capable of providing. Furthermore, upon reaching seven, she approaches the age suitable for marriage, as the Prophet, peace be upon him, married Aisha when she was seven years old, and the father is the primary guardian for marriage negotiations, being more knowledgeable about suitability and capable of inquiry.
Supporting text
Abu Hanifa holds that the mother retains custody until the girl marries or begins menstruation. Malik holds the mother retains custody until the girl marries and consummation occurs, asserting that the choice has no effect because the girl cannot act independently. Contrary views argue that the analogy to the male child is invalid because the female child requires guardianship and marriage arrangements, unlike the male. Furthermore, analogy to the age of puberty is invalid because the female's statement is considered reliable regarding consent and choice at that later stage, unlike the situation before puberty.