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Question: Mufti Saheb Fatwa Department RE:  Fatwa/Ruling on Custody I am married and have a son aged 8.  my marriage has reached a deadlock.  I have realised that my wife refused to come back despite numerous attempts by senior Ulama to reconcile.  I am prepared to do everything necessary for a reconciliation, nevertheless I am concerned about the custody of my son.  Kindly issue a fatwa ruling regarding the custody of my son. I wish to point out that my wife was previously married and has a son from that marriage.  I supported and nurtured the child until he was almost ten years old.  The mother (my wife) gave custody of this child to the father claiming that this was according to Shari’ah.  What is the fatwa/ruling regarding the custody of my son who is now 8 1/2 years old? At present I fully support my son and do whatever a responsible father would do in this situation.  Both myself and my wife follow the Hanafi school of thought. Dear Mufti Saheb, make me Maaf, but can you kindly respond in writing within 5 days. Wassalaam

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Mufti Saheb

Fatwa Department

RE:  Fatwa/Ruling on Custody

I am married and have a son aged 8.  my marriage has reached a deadlock.  I have realised that my wife refused to come back despite numerous attempts by senior Ulama to reconcile.  I am prepared to do everything necessary for a reconciliation, nevertheless I am concerned about the custody of my son.  Kindly issue a fatwa ruling regarding the custody of my son.

I wish to point out that my wife was previously married and has a son from that marriage.  I supported and nurtured the child until he was almost ten years old.  The mother (my wife) gave custody of this child to the father claiming that this was according to Shari’ah.  What is the fatwa/ruling regarding the custody of my son who is now 8 1/2 years old?

At present I fully support my son and do whatever a responsible father would do in this situation.  Both myself and my wife follow the Hanafi school of thought.

Dear Mufti Saheb, make me Maaf, but can you kindly respond in writing within 5 days.

Wassalaam


Answer:

 

الجواب حامدا و مصليا                           

If you divorced your wife and at that time your son was eight years old, then you have rights of custody over your son, the mother has no right of custody over your son at this age.

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

21 April 2006

23 Rabee’ul Awwal 1427

This answer was collected in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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