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Mother’s loss of Custody doesn’t Nullify her Child’s Right to Receive Support

Answered as per Shafi'i Fiqh by Darul Iftaa Jordan
Is child support nullified by the mother`s loss of her right in custody?

Answer:
Praise be to Allah, The Almighty, peace and blessing be upon His Messenger: Providing for the poor-young child is incumbent on his/her father for Allah, The Almighty, says: “It is for the father to provide them and clothe them honourably.”{ Al-Baqarah/233}. The father is obliged to support his child even if the mother has lost her right in custody. The mother`s violation of her custody rights doesn`t deprive the child from receiving support from his father as it is separated from the wages that she collects for fostering him/her. Al-Imam Ibn-Nojaim says: “ Support, housing, and clothing of the poor-young child are incumbent on the father for Allah, The Almighty says in this regard:” It is for the father to provide them and clothe them honourably.”{ Al-Baqarah/233}. This indicates that providing for the children is the responsibility of the father alone.”{ Al-Bahar Al- Ra`eq (11/337) }. Article (189) of The Jordanian Personal Status Code for the year(2010) stated that the father`s financial situation-rich or poor-is to be taken into consideration as regards the support he is to provide to his children, provided that it is no less than sufficient. And Allah knows the best.

This answer was collected from the official government Iftaa Department of Jordan.

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