Q: I need guidance in this situation:
My husband is in jail for murder, and has not been incarcerated yet. It has been one year now and this is a cause of stress and pain to me. We have a child and I am getting no financial support from him nor his family. My child does not know that her father is in jail. I kept my child away from seeing him because I know how hurt my child would be. Due to this matter, am I able to get a divorce?
He is asking me to see his child, does he still have the right to see his child if he is in jail? If a divorce takes place, do I still have to bring my child to see him?
Yes, he still has the right to see his child.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)