My sister got married on 19 Feb. Her husband was later found very cheap, vulgar and he also used to beat my sister badly just for his pleasure and there was also fear that he will kill her. So my family demanded for divorce and on 17 Sept she got divorced. But she was pregnant at that time and she gave birth to a son on 25 Nov but my family forced my sister’s in-laws (sasural) to keep that child and just few hours after birth they handed over newly born infant to them. In my opinion it was zulm. Are my sister and my family not zalim in this case? Mother must take care of her child at least when he need breast feed. Am I right or wrong? Please give references otherwise my family will not agree.
Answer
(Fatwa: 98/81/B=1433)
The right of child nourishment goes to mother. She shall nourish the child up to seven years and shall take its expenses from husband. It is not right for her to give the child to the father before this period.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband