Custody of child if mother dies.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
from India now working in Saudia (Dammam) I was married last year 2006, and in
March 2007 my wife expired i`d a boy of age 14 months, after that i married in
first in-laws & her parents r forcing to return back the money which i took
and asking my son to give them I already given the money while giving money i
agreement them not to ask any other things in future, now they r torturing me
to give my son i can`t able handle this, tell me what can i do and what is in
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Custody of child if
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Respected brother in Islam, if you have taken any money
from your in-laws as loan, it would only be piety and righteousness on your
part in the Sight of Allah, that you fulfill your outstanding debt.
Regarding the right of custody of a child after the death
of its mother, Shariah Law dictates that the primary custody of the child would
remain with its maternal grand-parents or parents of her mother until the child
has reached the age of puberty and understanding. The father of the child will bear the
complete financial burden of the upkeep of his child and will have fair
When the child, boy or girl, reaches the age of puberty
and understanding, and the father wishes to gain custody of its child…. he it
will have to initiate a court proceeding in a Shariah Court of Law, and the
presiding Shariah Judge will ask the child whom he wishes to live with, their
maternal grand-parents or their father. Whomever the child chooses will be
enforced by the Shariah Judge.
Respected brother, if the maternal grand-parents of the
child are asking you to give them the primary custody of your son, they are
well within their rights in Islam to do so; and it would only piety and
righteousness on your part in the Sight of Allah Subhanah that you fulfill
their right unto them. You will be
legally and morally responsible to bear the financial burden for the upkeep of
your son and will have fair visitation rights, and only when your son reaches
the age of puberty and understanding will you have a right to seek primary
custody of your son in a Shariah Court of Law.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,