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Does Islamic law permit a mother to prevent a father from seeing his two-month-old children (a boy and a girl) under the pretext of the mother's right to custody in the Maliki school of thought, especially given the absence of substantive reasons for the separation and the long distance between countries?

1 min readAlso available in العربية

Divorce is in the hands of the husband, and it is not permissible for a wife to seek divorce without a legitimate Shariah reason. If the husband divorces, custody goes to the mother under certain conditions: sanity, Islam, chastity and trustworthiness, residence in the child's country, and that she does not remarry. If the mother remarries, her right to custody is forfeited. The reason for the mother's priority in custody before the age of seven is the child's need for physical and psychological care and affection. Women in general, and the mother in particular, are more capable of this task due to their emotional nature. If the mother remarries, custody transfers to the child's maternal grandmother. If she is not present or not fit, then it goes to the father. After the age of seven, the child is given the choice between their parents.

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Source platform
Ftawy
Original fatwa ID
78642
Imported
Translation status
Source text, unreviewed
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