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Can I have custody of my child so I can take care of him?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
i sirajuddin khan was married to Dr. Shahnaz Firdous on 04/04/06. on 20/01/07 by allah grace i got a male child named Tabrez Khan (presently 3 yrs old). my wife is living with her parents for past 1 yr with my child. my child have left breast feeding from 1 yr. my wife have refused to live with me for 3 times in court. she have stated in court that she does not have money to care of the child and my child is often sick there. i want to know whethere i can have my child so that i can take care of him?

Answer

(Fatwa: 493/423/B=1431)

According to Islamis Shariah, mother has the right to nourish her son up to seven years, while you (husband) are responsible for the expenses of nourishment, clothes, medicine and treatment. You cannot take your son before seven years.

Allah (Subhana Wa Ta’ala) 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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