What Is The Wisdom Behind Custody Laws In Islam?

As a non Muslim who has immense fascination and a hope to convert , I was saddened to read the teachings of Islam in respect to custody of children. For the life of me I can see no advantages in such a model. Are there advantages?

In the Name of Allah, Most Gracious, Most Merciful.

Praise be to Allah. May the peace and blessings of Allah shower upon our Beloved Messenger, his family, companions, and those who follow them.

 Dear questioner,

 
Islam's custody laws should have no bearing on your decision to embrace Islam. If we look at Islam through the prism of laws and regulations, with no understanding of the spirit behind those laws, then it is easy to believe that Islam is harsh. Please don't become disillusioned. There are many ways of looking at Islam. It is better to look at this faith in the spirit of the love, mercy, and compassion it has engendered in the lives of countless men and women.

As our teacher, Ustadha Hedaya Hartford, an expert in family law, points out, "custody rulings come into play when the parents themselves are in disagreement. However if they make some agreement, and both agree, the Shariah doesn't force its rules upon them." Therefore, the mother and father have a great deal of flexibility in determining what is best for their children, provided they can both agree on an arrangement.

 Therefore, if you have children from a previous marriage and are contemplating Islam, then whatever custody arrangement you previously had through the court system would stand.

 
And Allah knows best.

 
Umm Salah (Zaynab Ansari)

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This is advice that is generally applicable to your case, given the details mentioned. However, we highly recommend--in all such cases--that one seek the counsel of a reliable local scholar or counselor.