What is the ruling regarding a divorced mother who refuses custody of her children and expels them, knowing that custody belongs to the mother until the age of seven, and is the father entitled to permanently prevent her from seeing her children?
Disputed matters are to be referred to courts, as a judge's ruling is binding and resolves disputes. Custody is a right of the mother; she is not compelled to take it unless there is no other custodian. If her custody right is forfeited or she relinquishes it, custody transfers to the one who is most entitled to it. The mother does not have the right to expel the children from her sister’s house if custody belongs to the sister. It is not permissible in Islamic law to prevent the mother from seeing her children, even if custody is with someone else. If the mother is conniving, deceitful, or a thief, this does not negate her motherhood or prevent her from seeing her children, and she should be advised to repent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/127107
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 127107
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy