What is the ruling on a divorced woman who compels her ex-husband to visit their son in her home, prevents him from taking the child for two hours, and then returns him to his mother, both Islamically and legally?
The mother's greater right to custody does not mean she has absolute control over it, for the father has a role in raising his child that no one else can fulfill. Therefore, it is not permissible for the mother to prevent the father from taking his son during the day. The son needs his father's teaching and discipline, while the mother's custody focuses on overnight stays and daily care. Each parent has a greater right to what pertains to them regarding the child's benefit.
The Shafi'is and Hanbalis hold that a female child in custody stays with her custodian day and night. As for a male child, if he is with his father, he stays with him day and night. If he is with his mother, he stays with her at night and with the father during the day for his education and discipline. The Hanafis believe that neither parent should prevent the other from seeing and taking care of the child. According to the Malikis, if the child is with the mother, she should not prevent him from going to his father, and if he is with the father, the mother has the right to see him daily.
In case of dispute, the matter is referred to the Sharia court to rule on issues of custody and visitation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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