Custody of child with hindu.
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:
salaam,
thank you for your information on muslim marry hindu girl but our nconcern is
not tat woman or my husband's divorcing her. she wants divorce herself. but we
want the child. my husband's 2yrs 6mnths old daughter is with her and she has
kept the child away from islam. My husband wants the custody of his daughter.
that woman is ready for divorce but not ready to give the child. in this case
what should we do. me and my husband are muslims, i want to accept his daughter
and bring her up as our child. i see my husband very worried for the child. how
should we go about getting the child's custody. Please advice. waiting for your
advice according to islamic, shariah law and whatever is best for the child.
please keep this confidential.
allah hafiz
(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 child
with hindu
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.
In the unfortunate event of a divorce between a believing
couple in Islam, regardless of who amongst the spouse initiates the divorce,
Shariah Law states that all children (male or female) will remain in the
custody of the mother until they reach the age of understanding and puberty;
and it will be the responsibility of the father to provide for the financial
upkeep of the children.
Once the children reach the age of understanding, the
father has a right to move the Shariah Court if he wishes to gain custody of
the children. The Shariah Court Judge
will then ask the children who have attained the age of puberty whom they wish
to live with: their mother or their father; and whatever decision is made by
the children will be enforced by the Shariah Judge.
The decision of who gains the custody of the children in a
divorce neither rests with the mother, nor the father, nor the Shariah Court
Judge; but Allah Subhanah has placed this right of decision in the hands of the
children as soon as they reach the age of understanding and puberty. The Shariah Court Judge will only enforce the
decision of the children, and give the parent who lost the custody fair
visitation rights.
If the mother of the child happens to be a non-muslim (Jew
or Christian), or the mother of the child declares apostasy after the marriage,
Shariah Law dictates that regardless of the age of the child, the believing
father will hold the primary custody of the child.
Your
Question: how should we go about getting the child's custody
Respected sister, in your particular case, it all depends
on where you reside and what laws apply in the land or nation where you reside.
If you happen to live in an Islamic country, and the civil
laws of the land are based on Shariah…..if you can prove to the Shariah Court
Judge that the mother of the said child is indeed a disbeliever, the
But if you happen to live in a land where Shariah Law does
not apply in the courts, then obviously you would have no choice but to accept
the verdict of the courts of the land.
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
Wister