Question
I am divorced with two children, a boy and a girl. The boy is 9 years and the girl 10 years. The father wants to take custody. I understand and accept that at these ages of the children, the father has the right of custody. However, I am not giving him custody because: (1) He will not be able to take proper care of the children. He works in another town and comes home every second week. (2) My children will be in the custody of his wife. A stepmother will not be able to look after my children in the way I, their mother can. Will I be sinful for denying the father custody?
Answer
If the father fails to make valid arrangements for the care of his children, then you will not be sinful. You can then deny him custody. In the case explained by you, he has not made a proper Shar‟i arrangement for the care of the children, hence you may deny him custody.
In this kind of scenario, if the father arranges for the children to be in the care of his mother, paternal aunt or any other pious ladies of his family, then custody may not be denied.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 09
- PDF page
- 2
Verbatim verified against the source PDF
Appears under DESECRATING HUMAN BODIES. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.