Mufti Online — Madrasah Ta'leemuddeen

Court case regarding custody of the child

· 3 Muharram 1440 AH1 min readEnglish

Question

Is they something a person can pray for when they have a court case? The case is regarding our son. My wife is trying to take my son away from me. He is doing hifz. He has done 9 juz. He is 9 years old. She doesn't care about all that.

Answer

Avoid the courts. See if there is someone who is agreeable to both. He may be in a good position to advise you. However, it is not permissible for her to take your child away from you.

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

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/26299
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-26299

People also ask

Who gets custody of the children after divorce?

“As per Islamic law, custody of a child in the case of separation between the spouses, revolves around both parents depending on the age and gender of the child. In the case of a boy, the mother is entitled to custody until the…”

Ibn Masood · 93 fatawa from 8 Darul Iftas on this

What the Darul Iftas say

Related fatawa