'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
Question
Asalamualaikum, May Allah reward you for your time and this service. I would like to ask a question regarding child custody in Islam. I have obtained Khul from my husband based on two key reasons. The first reason is that I found out that he had committed sexual acts with prostitutes and a male partner. The second reason is that he has started following a sect called Al’Quraanioon who deny many hadiths of the prophet and believe that Islamic jurisdiction should only be based on the Quran as the sunnah or ahadith of the prophet )pbuh( can not be trusted. I have young children with this man and will need to obtain a civil divorce from the courts soon. In applying for custody of the children I intend to do whatever I can to prevent him from seeing the children as I am concerned about him passing on his misguided ideas to them. He loves his children very much and it would destroy him to have them taken from him in this way. Is this the Islamically correct thing to do? If the father has now left Islam as a result of his denying many aspects of the sunnah does he have any right to these children? In addition to this if he has left Islam are the child maintenance payments received from him halal for my children and is this effected if his earnings are also coming from unlawful sources. On another note, if my ex-husband's new fiance` asks me about him, am I required to inform her of my experience with him and about his past sins and current state, regardless of the consequences for me and my children )In revenge he may try to abduct them if he finds out(. What if they are already married )have signed the marriage contract(? Is it also my responsibility to warn her regardless of whether she asks me herself or not? Jazakumullahu Kheiran for your time and response. Asaamualaikum
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His slave and Messenger.
If the matter is as you mentioned that this man commits Zina )adultery( then he has indeed committed a grave major sin. What is even graver than this sin is to believe in the ideology of the sect that denies that the Sunnah is a source of legislation, who are the Quraniyyoon. Denying the Sunnah as a source of legislation is an act of Kufr that takes a person out of the fold of Islam as clarified in Fatwa 91740. Indeed, you did well by separating from him.
For more benefit on how to refute the misguidance of such sect, please refer to Fatwa 81124.
Based on that, this man has no right in the fostering of his children as long as he is in this condition because Islam is a condition that must be met by person to be a fosterer according to the preponderant opinion of the scholars. For more benefit, please refer to Fatwa 90461.
However, you are not permitted to prevent him from seeing his children because the juristsstated that it is not permissible for the spouse who has the right to foster the children to prevent the other spouse from seeing the fostered child )children(.Ibn Qudaamahsaid:“A spouse should not be prevented from seeing the fostered child who is with the other spouse.”But you are not permitted to leave him alone with the children when he comes to see them if it is feared that he will influence them with his misguiding and wrong ideas.
In any case, if the parent apostates, his children are still obliged to be kind and dutiful to him, Allaah Says )what means(:}But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in ]this[ world with appropriate kindness{]Quran 31:15[ Moreover, the father is obliged to spend on his children even if he is a non-Muslim. Nonetheless, if his earnings are from ill-gotten money, it is only permissible to eat from it according to the necessity.
On the other hand, if this man’s fiancée seeks your advice, then you are obliged to inform her about him just to the extent to make her avoid him. Nonetheless, some scholarsare of the view that you should inform her about him even if she does not seek your advice. You are obliged to inform her even if he had already conducted the marriage contract with her. However, if you fear that you or your children will be harmed by him, then you are not obliged to inform her.
Allaah Knows best.
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NajimudeeN M
NajimudeeN M
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