Back to search

Does the disbelieving father, who asked his wife to abort their daughter and then converted to Islam after her birth and their divorce, have rights that exceed those of the mother?

1 min readAlso available in العربية

We praise Allah for guiding both of you to Islam. Your refusal to abort the pregnancy is correct, as abortion is a sin.

The mother's right to custody of the child after divorce is greater than the father's right, unless there is an impediment. The father's misconduct in requesting an abortion does not nullify his established rights, such as the right to lineage, care, financial support, and visitation. He also has the right to custody if there is an impediment for the mother.

The father's rights are not always greater than the mother's. The mother's right takes precedence in custody and in dutifulness, based on the Prophet's (peace be upon him) saying: "Your mother, then your mother, then your mother, then your father." This is due to the mother's immense hardship and toil during pregnancy, childbirth, breastfeeding, and upbringing.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy