Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I was divorced (according to islamic laws) 18months back and have a child of 15months who is in my custody. I have not married. My ex wife did not want custody of the girl child and since my divorce has not bothered to come and even visit the child nor inquire about her.

My ex wife has recently got married again about 3months back and is now sending feelers through third parties that she is interested in taking custody of the child.

I would like to ask the following:
1. as per Islamic laws, is she entitled to custody of the child and will she get custody of my daughter as she has remarried

please reply ASAP as i am greatly disturbed about this as i wish to keep custody of my daughter whom i love deeply.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Custody of daughter

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

If your ex-wife had not married, she had the right to have primary custody of the child until the child reaches the age of puberty and understanding; after which the child will be given the authority to decide whether she wants to live with her mother or her father.

But since your ex-wife has now married, according to Islamic Law the Shariah Judge will ask you as the natural father to decide who should have the primary custody of the child and implement your decision. If you think that your ex-wife and her new husband would be able to take better care of your daughter, you may opt to give her the custody; and if you opt otherwise, you can keep primary custody of your daughter. In cases where the ex-wife marries again, Islamic Law gives the authority to the natural father to decide who will get the primary custody of the child; and it is the duty of the Shariah Judge to implement the father’s decision.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan