Mufti Online — Madrasah Ta'leemuddeen

Divorce and custody of child if husband is in jail

· 20 Muharram 1439 AH1 min readEnglish

Question

I need guidance in this situation:

My husband is in jail for murder, and has not been incarcerated yet. It has been one year now and this is a cause of stress and pain to me. We have a child and I am getting no financial support from him nor his family. My child does not know that her father is in jail. I kept my child away from seeing him because I know how hurt my child would be. Due to this matter, am I able to get a divorce?

He is asking me to see his child, does he still have the right to see his child if he is in jail? If a divorce takes place, do I still have to bring my child to see him?

Answer

If he cannot afford supporting you financially and you have no means to support yourself as well you may request for a divorce.

Yes, he still has the right to see his child.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/22231
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-22231

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