What are the rulings of legal custody when one or both divorced parents travel to another country, and who has a greater right to the custody of the children: between the father who wants to travel with them to Yemen, where Sunnah and Tawhid are widespread, and the mother who wants to travel with them to Morocco, where tribulations, innovations, and polytheism are widespread, knowing that the mother is a committed Muslim, her father is a Muslim who does not pray, and her mother is a disbeliever?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the spouses separate and one of them wishes to travel for relocation, then custody follows the father, because he is the guardian and responsible party. This applies to travel for relocation, not merely for fulfilling a need. As for a child who is one year old, he should not be taken from his mother due to the harm that would entail for him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131683
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- Ftawy
- Original fatwa ID
- 131683
- 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