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:

Sir,

I am an Indian, residing in Kuwait now. I was a christian married to a christian husband. I embraced Islam but my husband did not, so I got a divorce from him and also the custody of my kids through the court in Kuwait. Now, I re-married a man who has also embraced Islam. Knowing this my first husband has put a case against me asking for the custody of my 2 kids (daughter age 7yrs and son age 4 yrs). But I don`t want my kids to grow up in christian influence. I want to know whether the court can grant him the custody and what can I do to keep the custody of my kids to bring them up in a true muslim way?

Please sir, can you advice me on this at your earliest, this is a sincere request from a mother. Thank you. 

(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:

Convert muslim custody of children

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.

Even if a muslim husband divorces a muslim wife, the Shariah Law states that the custody of the children will remain with the mother until the children get to the age of puberty. When the children attain the age of puberty, the Shariah Judge will ask the children whom they prefer to stay with: their father or their mother. Whatever the children decide, the Judge will implement their decision.

In the case where the non-muslim father divorces his wife who has embraced Islam, and the case is brought to an Islamic Court in an Islamic State; it is expected that the Judge will give the permanent custody of the children to the muslim mother.

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