To whom does the right of hadana belong, and until when?

Question

Question: A man dies and leaves behind two children, a boy and a girl. The girl is adult and her marriage has been contracted, while the boy is still a minor, aged ten or eleven. The boy’s mother has married a second time, and she married into such a family that in future the boy’s life and property will be in danger. The boy’s sister appears more caring than the mother for his upbringing and supervision until he becomes adult. Moreover, the boy’s mother is also somewhat deficient in intellect.

Answer

When the boy has reached ten years of age, the mother no longer has the right of upbringing (hadana) over him. Let him stay wherever it is beneficial for him to live, with the mother or with the sister. The right of upbringing lasts until the age of seven and does not remain after that.

Source: Fatawa Mahmudiyya

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