Question
I am a divorcee with three minors - one son and two daughters. Their ages are 2, 4 and 7 years. My son is 7. The father claims custody of the son. He says that according to the Shariah custody of the 7 year old boy is his right. He has married again. The whole day he is involved in his business. His parents have a haraam business. Although I accept his right, the question is the welfare of my son. How will he be able to care for the boy when the child will practically not be in his custody for the greater part of the day? Proper care cannot be expected from the stepmother. He argues that his mother will take care of the child when he goes to the shop. The television is on almost the whole day at his parents. They are not strict followers of the Shariah. Does my mother (the maternal grandmother) not have a greater right than the paternal grandmother? Do I not have a greater right over my own child than the stepmother? In these circumstances can I deny the father custody?
Answer
The Deeni welfare of the child is of paramount importance. In the circumstances explained by you, it is obvious that his father is incapable of caring for him. The grandparents being fussaaq are out of the question. Proper care is not to be expected from the stepmother. You may therefore deny the father custody. He may visit the children and take them to his house, but he must bring them back to you by Maghrib. If he wishes the children to sleep at his place occasionally, do allow it. However, they should not stay or even go to the house of their grandparents in view of the haraam television.
was to deceive the first wife. Was his statement Talaaq?
A. His false statement was not Talaaq.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 05
- PDF page
- 5
Verbatim verified against the source PDF
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