Q: My wife has asked for khula. My child is 10 months old but not breast feeding. My wife ran away from home 3 months back in the morning at 4am without my knowledge. On finding out she was at her parents house and I involved our community to sort this dispute out. She had the condition I get a separate house which I did but she still refused to come. She has been proved before the community that she has been lying and also on one occasion she stole my documents which were confidential, she took this documents away from me without my knowledge. My main concern is the welfare of my baby and further more with all this kind of attitude of lying and stealing my daughter may develop this kind of attitude. I want advice on the custody of my daughter, can I get my daughters custody under such a circumstance having have proved that she has been lying to an extend stated in the letter of khula is that she wants a separate house and that I have refused which is also a lie and the community members are a witness of the same. She also ended up stealing from me. Please help me and advise.
A: The custody of the daughter belongs to the mother until the age of nine.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: If the mother is lying and has been proved a liar on several occasions does the custody still belong to her? If she has also been proved that she stole from me (her husband) does the custody still belong to her?
A: Yes
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)