Can I take my son without my ex-husband’s permission after divorce?

Answered by 

Shaykh Yaseen Shaikh

Assalamuailaykum wrwb,
I am divorced and I have one son. I want to move from the country, but my ex husband is saying that I can’t take his child with me and he will never forgive me here or in the hereafter. My question is can i take my son without his permission?
Answer
Bismihi Ta’ala

It is commonly seen that in situations like the one in question, the rights that the father has towards playing the leading role in the upbringing of his children is overlooked. It is extremely important that both parents are present in a childs life for a stable and healthy upbringing.

Also, due to the very supportive towards women laws in uk, the father has no right over his own child which is totally against the law of Islam. Even women who claim to love Allah and his Rasool and who claim to be firm and strict adherents to the deen fall into the trap of this unislamic law. The issue of child custody should be seeked and settled Islamically. Allah knows the intentions of the heart. The mother doesn’t want to give up the custody of the child, but demands full and total allowance from the father and also receives help and support from the government. Where is the justice in this?

In the above-mentioned question, it would not be permissible for you to take your son out of the country with you without the approval of his father. All the major decisions regarding your son must be made by the father and this is one of them.

And Allah knows best.

————————————–
Mufti Yaseen Shaikh

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

Tags: child, children, country, custody, Divorce, parents

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