The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 01, p.2

Is it permissible for the mother who is divorced and has custody of the minor children to take them out of town for a holiday without the permission o

Question

Is it permissible for the mother who is divorced and has custody of the minor children to take them out of town for a holiday without the permission of the father?

Answer

Although a mother has custody of minor children until a certain age, the father always remains the guardian. As such the mother has no right of acting unilaterally regarding the ta'leem and tarbiyat of the children. She may not make decisions pertaining to the children without the father's approval. She has no right of taking the children for a holiday or to anyone's home even in the same city without the consent of the father. The separation or divorce does not diminish the right if the father over his children or his right of guardianship in any way whatsoever.

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The Majlis Vol 20 No 01
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Appears under kills the heart. (Hadith).

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