Where should a young female (jariyah) reside when her parents are separated?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 3

Open in Qurani

Primary text

If the young female resides with the mother or the father, she remains with that parent day and night. This is because her discipline and education, such as learning spinning and cooking within the home, take place there, and there is no need to take her out of the home. Neither parent is prevented from visiting her at the other's residence, provided the father does not seclude himself with the mother, nor prolong the visit, nor act too familiarly, as the separation between them prevents such familiarity in the other's dwelling. If the young female falls ill, the mother has a greater right to nurse her in her own home.