According to the famous Imams' jurists, after the separation of the husband and wife, the custody of the boy for up to two years and the custody of the daughter up to seven years are subject to the lack of marriage, and this is the right of the mother upon abandonment. Once he becomes divorced, the custody He goes back. The main question here is whether, after being reunited, can a mother be custodial? In this regard, we describe the custody with an analytical-descriptive method. The custody of most Islamic scholars such as Hanafi, Shafa'i and Hanbali are similar to the famous Imams' jurists, but in the meantime, Ibn Eridis, a scholar of the Imams, believed in the principle of the cessation of marriage, about his return with divorce, and Imam al-Malik, from the Sunni Imams, also has a theoretical similarity. Only Hassan Basri and his followers have a special theory. According to some reasons, unlike all jurisprudents of the Islamic religions (Imamiyeh, Malekiyah, Shafieh, Hanafiyah, Hanbaliyeh and Zahirieh), the right to custody Marriage does not collapse, therefore, regardless of the discussion of its return after divorce. This is in the law There is also a thorn and, despite the adherence of the legislator to the famous jurists, it seems that according to reasons such as verse 233 of Surah al-Baqarah, the rule of law, attention to the guardian's law and the principle of respecting the material of the child must criticize the famous ruling and promise She believed that her mother's rejection of her custody was unconditional.