Question
A divorced woman has remarried. The person to whom she is presently married is not a mahram of her three minor children, a girl and two boys. The father of the children (the ex-husband) demands custody. He argues that since the mother has married a man who is not a mahram of the children, she has lost the right of custody. While the mother of the children is a strict observer of the Shariah, the father is a confirmed faasiq. He gambles, watches porn and movies, his earnings are not only doubtful, but haraam and he has a television. The children‟s maternal grandmother is a pious lady. She lives with her daughter (the children‟s mother). What is the ruling of the Shariah in this matter?
Answer
When the mother marries a non-mahram of the children, custody passes to the maternal grandmother. In this case, the maternal grandmother is the legal (according to the Shariah) custodian of the children. Ignore the demands of the father. The fisq and fujoor of the father disqualify him. He can never become the custodian as long as he is a faasiq-faajir.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 10
- PDF page
- 12
Verbatim verified against the source PDF
Appears under DO NOT OVER-BURDEN YOURSELF. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.