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Question1-When divorse takes place of husband and wife,If the Father does not 1-Ask for the children(boys and girls) or the 2-The Father asks for the children but he isn’t Deendar and has bad habbits ie having an affair, bad language,not caring for them etc and could influence the children,is the Mother allowed to keep the children,so that the bad habbits of the Father does not influence the children?Question2-If theres a separation between husband and wife through the court,the husband signs on the court papars willingly or unwillingly that he divorses his wife will talaq take place?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Question1-When divorse takes place of husband and wife,If the Father does not 1-Ask for the children(boys and girls) or the 2-The Father asks for the children but he isn’t Deendar and has bad habbits ie having an affair, bad language,not caring for them etc and could influence the children,is the Mother allowed to keep the children,so that the bad habbits of the Father does not influence the children?Question2-If theres a separation between husband and wife through the court,the husband signs on the court papars willingly or unwillingly that he divorses his wife will talaq take place?

Answer

(Fatwa: 1449/1260=B/1429)

 

In case of divorce, if the child is a boy then the mother has the right to nurture him till he is seven year old and if the child is a girl then the mother has the right to bring up her till she is mature. After this, the father can keep both the children with him. Also, it is necessary for the father to pay all expenditures incurred during nourishing the boy or girl.

(2) We are unable to say a word without seeing those documents; therefore you should send a copy of the documents of the court.

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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