Is the father entitled to the custody of his three-month-old son after the mother's divorce, knowing that there is a distance of 700 kilometers between the father and the son?
The basic principle is that the mother has a greater right to the custody of her child, unless there is an impediment, such as her immorality or her marriage to a man who is a stranger to the children. However, if the mother resides in a country far from the father’s country, many scholars believe that this forfeits her right to custody. The preponderant view is that an infant should not be taken from its mother as long as it needs her care, due to the harm that would befall both the child and its mother by separating them, and because Islamic law considers the child's best interest. If the mother's right to custody is forfeited, it then transfers to her mother, or her sister, or other relatives according to the order of entitlement to custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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