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`m from India now working in Saudia (Dammam) I was married last year 2006, and in March 2007 my wife expired i`d a boy of age 14 months, after that i married in June 2007

my first in-laws & her parents r forcing to return back the money which i took and asking my son to give them I already given the money while giving money i agreement them not to ask any other things in future, now they r torturing me to give my son i can`t able handle this, tell me what can i do and what is in Islam

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Answer:

Custody of child if mother dies

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Respected brother in Islam, if you have taken any money from your in-laws as loan, it would only be piety and righteousness on your part in the Sight of Allah, that you fulfill your outstanding debt.

Regarding the right of custody of a child after the death of its mother, Shariah Law dictates that the primary custody of the child would remain with its maternal grand-parents or parents of her mother until the child has reached the age of puberty and understanding. The father of the child will bear the complete financial burden of the upkeep of his child and will have fair visitation rights.

When the child, boy or girl, reaches the age of puberty and understanding, and the father wishes to gain custody of its child…. he it will have to initiate a court proceeding in a Shariah Court of Law, and the presiding Shariah Judge will ask the child whom he wishes to live with, their maternal grand-parents or their father. Whomever the child chooses will be enforced by the Shariah Judge.

Respected brother, if the maternal grand-parents of the child are asking you to give them the primary custody of your son, they are well within their rights in Islam to do so; and it would only piety and righteousness on your part in the Sight of Allah Subhanah that you fulfill their right unto them. You will be legally and morally responsible to bear the financial burden for the upkeep of your son and will have fair visitation rights, and only when your son reaches the age of puberty and understanding will you have a right to seek primary custody of your son in a Shariah Court of Law.

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

Your brother and well wisher in Islam,

Burhan