Ruling regarding my son in case of divorce with my husband

Answered according to Hanafi Fiqh by
I got married in April 2011. Since the very beginning of the marriage my in-laws never wanted me to be happy and always created problems between me and my husband. They used to harass and insult me. I was blessed with a baby boy in 2012. I was just passing the days with mental torture and insecurity without any true sense or happiness of married life. Husband failed to understand his role and responsibility and never shared anything me. He and his whole family treated me like a slave and an enemy. On 25th November 2014 they (husband, mother-in-law and father-in-law) forcibly brought me back to Hyderabad from Dubai. I had to obey their order as my husband locked me up in a room in Dubai and threatened to cancel my visa. On reaching Hyderabad I filed a harassment complaint (under section 498-A) against my husband and in-laws and the case is pending in court. It has been 2 years now and myself and my 4 year old son are staying at my parents house. In these 2 years neither my husband nor anyone from his family has tried to contact/email me. Husband is not attending the court sessions also as he is in Dubai. I am ready to withdraw the case if my husband divorces me. We are not demanding the dowry amount nor the gold ornaments which are with my mother-in-law. My father-in-law is now demanding that I give away my son to them and then only my husband will divorce me. He wants to take away my child from me. Kindly please let me know what is the Islamic ruling regarding a child who is 4 years old and who has not seen or spoke to his father for the past 2 years.

بسم الله الرحمن الرحيم

(Fatwa: 208/199/B=3/1438)

When the husband and wife are separated then the mother has the right to nourish male child up to seven years. After seven years are over the husband can claim the custody of the son. 

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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