Question
A woman who is divorced has custody of her minor son of 5 years. During the day she works in someone's shop. Whilst at work, the child is in the custody of his maternal aunt who is a faasiqah in every respect. The father has taken custody by force and has placed his son in the custody of his mother (the daadi) who is a woman who is very observant of the Deen. Was the father justified in removing the child from the custody of his mother?
Answer
In the very first place, the mother had no custody. She had abandoned her Shar'i right and had assigned the child to the custody of her sister who likewise has no right due to being a faasiqah. The father has acted correctly. The paternal grandmother has the right of custody.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 10
- PDF page
- 12
Appears under DO NOT OVER-BURDEN YOURSELF (approximate).