Honorable sister Fozia,
That answer, about the child staying with the father during the daytime, was given by Imam
Nawawi, the great scholar and follower of Imam Shafee (May Allah have mercy on them), in their
time. This is so that the child learns the family profession and trade. By analogy, one could say that
the child in todays time would attend school.
Honorable sister blackrose,
I know that you have very strong feelings about a child being under the custodianship of
there mother at all times and situations, however it is encumbant on all of us to follow what
Allah and His messenger say, as explained by the scholars, and brush our personal opinions
aside. I can give you an example of a friend of mine that accepted Islam. Before accepting
Islam he used to love eating bacon for breakfast, and it was his favorite food. After accepting
Islam, he stopped eating the bacon, as it is prohibited in Islam. (He still though eats the
halal beef bacon.) Similar to this, it is encumbant on all of us to brush our personal ideas
and desires views aside, and wholeheartedly follow the the legislation of Allah, as
explained by the scholars. One should not at all follow ones personal opinions, but follow
what Allah and His messenger have commanded.
Unlike other religions that are built on falsehoods, Islam is the truth as is ordained by Allah,
and one cannot add their personal views and opinions to the laws of Allah, and shape Islam
the way they see fit. One has to follow the legislation of Allah, and abstain from new ideologies
and philosophies that have no part in Allah's religion.
All of us must accept the message of Allah completely and wholeheartedly, and convey that
knowledge to others. We should also invite our family and colleagues to the places
of knowledge so that they could all, as well as us, increase ourselves in the Islamic
knowledge. Also if there somethings that is said by the scholars, that one may
not agree with, it is encumbant to accept and convey what the scholars say, and
disregard our own personal views, and instead convey what Allah and His messenger
It is also encumbant on everyone to educate themselves and learn to ordainments of
Allah, and invite and encourage everyone to this education.
That being said, I am not going to say any more of what the scholars say on this issue, if
one is not willing to listen and learn from it. They can do the research and learn on their own.
And Allah knows.