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Posted By Topic: Custody of Children of Divorced Parents

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Moosaa
09-27-2002 @ 12:00 AM    Notify Admin about this post
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QUESTION

Which of the divorced parents gets custody of the children - the mother or the father? What if one of the parents is an openly disobedient person?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The divorced woman has the right to raise the children up until the age of seven, so long as she is an upright person. After seven years, then the child chooses. If the child chooses to stay with her and she is upright and she has been raising the child properly, then the child remains with her. If not (either the child does not choose her, or she has not been raising him properly), then the child is then given to the father, so long as he is an upright man.

If the father is openly disobedient or incapable of raising the child properly, then the child remains with the mother. And if the mother is openly disobedient or incapable of raising the child properly, then the father is to have custody of the child.


  • SOURCE

    This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA009, dated 1423/6/24.

  • Translator's note - This is not a final judgement to be applied to specific situations. These are merely some of the guidelines considered when making a judgement in a case like this.


    ********************
    سبحانك اللهم وبحمدك
    أشهد أن لا إله إلا أنت
    أستغفرك وأتوب إليك

    This message was edited by Admin on 10-18-02 @ 12:15 AM

  • Moosaa
    09-27-2002 @ 12:00 AM    Notify Admin about this post
    Member
    Posts: 1280
    Joined: Sep 2002
              
    This kind of case shows the need for an Islaamic court...

    And the absence of an Islaamic court shows the need for hijrah...

    Moosaa

    ********************
    سبحانك اللهم وبحمدك
    أشهد أن لا إله إلا أنت
    أستغفرك وأتوب إليك

    Admin
    10-18-2002 @ 12:00 AM    Notify Admin about this post
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    Posts: 204
    Joined: Jan 2002
              
    This thread has been amended following some sensitivities brought to our attention of the other party directly involved in the issue that had been raised.

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