{"id":392,"date":"2015-02-26T02:54:32","date_gmt":"2015-02-26T02:54:32","guid":{"rendered":"http:\/\/azmi.co\/cust\/ngba-wp\/?page_id=392"},"modified":"2016-03-28T01:33:05","modified_gmt":"2016-03-28T01:33:05","slug":"islam-child-custody","status":"publish","type":"page","link":"https:\/\/nogodbutallah.org\/?page_id=392","title":{"rendered":"Islam-child custody"},"content":{"rendered":"

In the name of All\u0101h,
\n<\/span>the Beneficent, the Merciful.
\n<\/span>Peace and Blessings of All\u0101h on Mohammad.
\n<\/span>DEDICATED TO
\n<\/span>All\u0101h\u2013the Glorious and the High,
\n<\/span>Lord of the worlds
\n<\/span>AND TO
\n<\/span>Mohammad\u2013who brought the world
\n<\/span>to our feet and eternity to our arms.
\n* <\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0Child Custody
\n<\/span><\/i><\/span>All\u0101h tells us to call children by the names of their fathers\u2013(Qur\u2019an 33:4-5). <\/span><\/p>\n

That men are the maintainers of women\u2013(Qur\u2019an 4:34) seems to be the basis for the father having custody of a child, though a mother also can be financially capable of providing for herself and child. In fact, some women are higher wage-earners than some men. Also, her new husband, in the event of remarriage, could also be her (and her children\u2019s) maintainer. <\/span><\/p>\n

\u00a0\u00a0 Aside from these exceptions, in Islam the burden of support lies on the father. While the father, seemingly, has first right to custody\u2013(Qur\u2019an 2:233), it does not seem mandatory that he take this position. Three compelling reasons for this are: <\/span><\/p>\n

\u00a0\u00a0 (1) As the home-maker,<\/i> whereas a step-mother might be partial to another woman\u2019s children, it is doubtful that a mother would be partial to her own children, even though they may be from many fathers. (True, a stepfather might be partial, but, generally, it is the mother who has more time with the children). <\/i><\/span><\/p>\n

\u00a0\u00a0 (2) We are to honor the womb that bore us\u2013(Qur\u2019an 4:1), and paradise lies at the feet of mothers. While one can honor his mother mentally in her absence,<\/i> physically he cannot honor the womb that bore him and his paradise cannot lie at the feet of his mother if he is estranged from her; more so if geographic borders separate them.<\/span><\/p>\n

(3) The Prophet is noted as saying, not to separate a mother from her child\u2013(Tirmidhi # 979). Though interpretation of \u201cchild\u201d may be open to discussion. As noted below.<\/span><\/p>\n

\u00a0\u00a0 One report in the Tradition notes the Prophet giving the mother custody of the child so long as she does not remarry\u2013(Abu Dawud Vol. 2, p. 616, # 2269). Another reports the Prophet giving the child <\/i>the right to choose which parent he wants to be with\u2013(Abu Dawud Vol. 2, p. 617, # 2270). These two reports seem to convey that a young child be in the care of the mother and a child who can decide for himself has the option of choosing the parent he\/she wishes to be with. This also seems to show that the child\u2019s welfare is to be given first consideration. <\/span><\/p>\n

\u00a0\u00a0 There are some factors that need to be considered in a child custody case. In the matter of menstruation and other female topics a girl would be better served by her mother and in male matters a boy would be better served by his father. <\/span><\/p>\n

\u00a0\u00a0 Scholars have differing views regarding child-custody. There would seem to be several factors involved as to which parent should have custody and which should only have visitation rights \u2013such as mental stability, parental fitness, financial means, social environment, (perhaps the experts can find more reasons).<\/span><\/p>\n

As the child\u2019s welfare is to be given first consideration, and as a divorce in Islam is expected to be an amicable affair\u2013(Qur\u2019an 2:229, 231) the mother and father are to be considerate to the other and both are to be given equal participation in the child\u2019s life. This seems to be the requirement as expressed in Qur\u2019an 2:233 which states in part: \u201c\u2026Neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child.\u201d <\/span><\/p>\n

\u00a0\u00a0 Significantly, after worship of All\u0101h service to parents is next in line\u2013(Qur\u2019an 17:23; 31:14)\u2013and our mother deserves our service three times over before service to our father \u2013she having carried us, gave birth, and nursed us. (Bokhari Vol. 8, # 2). But a child cannot serve his or her parents if he or she is alienated from either one.<\/span><\/p>\n

\u00a0\u00a0 As Shari\u2019ah<\/i> is based on the teachings of the Qur\u2019an and Sunnah <\/i>and as the Sunnah<\/i> is based on the teachings of the Qur\u2019an, and as there is no discrimination or injustice in the Qur\u2019an whatever in Shari\u2019ah<\/i> that is the opinion of the Jurist(s) that discriminates is to be removed.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

In the name of All\u0101h, the Beneficent, the Merciful. Peace and Blessings of All\u0101h on Mohammad. DEDICATED TO All\u0101h\u2013the Glorious and the High, Lord of the worlds AND TO Mohammad\u2013who brought the world to our feet and eternity to our arms. * \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0Child Custody All\u0101h tells us to call […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-392","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/pages\/392","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=392"}],"version-history":[{"count":2,"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/pages\/392\/revisions"}],"predecessor-version":[{"id":1597,"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=\/wp\/v2\/pages\/392\/revisions\/1597"}],"wp:attachment":[{"href":"https:\/\/nogodbutallah.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}