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The responsibility of looking after the children in nikaah

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Whom does islam gives the first right to the child if the parents have a fight, the mother or the father? If the mother is ill does that gives a vaild reason for the father to keep the child?

Bismillaah

A: As long as they are in nikaah both have equal rights to the children.

As above. It is the responsibility of both. If one cannot take care completely then the other should fill in. It is not a case of pulling sides.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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