Is a husband sinful for preventing his divorced wife from seeing her children after she left them alone for a period of time?
The resolution of disputes takes place in the Sharia courts or by those acting on their behalf, due to their ability to hear from the parties involved in the dispute and ascertain the truth of the claims and evidence. A Mufti only hears from one party and cannot issue an accurate ruling.
The mother has a greater right to custody of her child as long as she does not remarry. If the custodian waives their right and then wishes to retract, they are permitted to do so.
The purpose of custody is the care and protection of the child. It is stipulated that the custodian must not be an immoral person who would neglect the child, nor incapable of physically or morally safeguarding the minor.
For the father to be entitled to custody, there must be a suitable female available at his home to undertake custody, because a male does not have the patience for the needs of children as women do.
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- Original fatwa ID
- 186805
- Imported
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- Source text, unreviewed
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