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Posted By Topic: Divorced woman rights of visitation with her children after re-marrying

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abu.naimah.shamsuddi
02-05-2004 @ 10:42 PM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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Posts: 132
Joined: Dec 2002
          
Salamu alaikum wa rahmatullah;

While on the subject of "custody", another question had already been afloat, the rights of visitation for the mother who has re-married.

1. What type of visitation is she entitled too?

2. Is she entitled to have her child spend any over nights with her and her new zawj?

Any information on this matter?

May Allah bless and reward you.

Abu Na'imah Shamsuddin

This message was edited by abu.naimah.shamsuddi on 5-3-04 @ 4:20 AM

faruq.as-salafi
03-05-2004 @ 8:34 PM    Notify Admin about this post
Abu'Nur'ayn Faruq As-Salafi Ibn'Fuqua (Columbus, Ohio)
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Posts: 259
Joined: Sep 2002
          
As-Salaamu'Alaikum,

This question was also raised amongst us to be taken to the 'ulamaah. Specifically regarding contact between the divorced parents, strictly regarding the children, whether it be over the phone or visitation. We were told that shaikh 'Ubayd Al-Jabiree said that it was permissible for the mother to see the children and converse with the father. If someone has access to this fatwa please post it barak'Allaahu'feek.

Baarak-Allaahu Feekum - wa sal-Allaahu wa-sallam 'alaa Nabiyyinaa Muhammad,
was-Salaam 'alaykum wa-Rahmatullaahe wa-Barakaatuh.

Abu' Salafiyoon Faruq ibn' Fuqua
-From the Salafis in Columbus, Ohio-

abu.naimah.shamsuddi
04-05-2004 @ 12:32 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
Member
Posts: 132
Joined: Dec 2002
          
wa alaikum salam wa rahmtullah;

Jazakallahu khairun yaa akhee. Insha'llah, I offer du'a to Allah Ta'Ala that someone will have this fatwa to share with us. We need guidance in this area because it is a problem common to the Muslims who want to do the right thing in these situations, and previously there has been very little information.

1. Spending over nights with their mother, was there any mention of that?

2. Is this to be only at the discretion of the children's father or is it  worked out through a Muslim authority [i.e masjid or Islamic Center in non-Muslim countries]?

Abu Na'imah Shamsuddin

faruq.as-salafi
04-05-2004 @ 12:49 AM    Notify Admin about this post
Abu'Nur'ayn Faruq As-Salafi Ibn'Fuqua (Columbus, Ohio)
Member
Posts: 259
Joined: Sep 2002
          
As-Salaamu'Alaikum wa'Rahma tu'Llah,

As far as custody between parents, if it is permissible for the children to stay with the mother and her new husband, insha-Allah this answer is soon to come. It was not mentioned in the question with the shaykh. Abu'Muhammad Mugribi mentioned this being the kalaam of the shaykh, that the mother and father of the children even though they are divorced, they can converse related to the children only with moderation so that nothing comes from their communication impermissible, and Allah knows best. Is the father of the children uncomfortable with the children staying with the step-father, this may affect the question, wal'Llahu'a'lum.

Baarak-Allaahu Feekum - wa sal-Allaahu wa-sallam 'alaa Nabiyyinaa Muhammad,
was-Salaam 'alaykum wa-Rahmatullaahe wa-Barakaatuh.

Abu' Salafiyoon Faruq ibn' Fuqua
-From the Salafis in Columbus, Ohio-






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