Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

salaam,

thank you for your information on muslim marry hindu girl but our nconcern is not tat woman or my husband's divorcing her. she wants divorce herself. but we want the child. my husband's 2yrs 6mnths old daughter is with her and she has kept the child away from islam. My husband wants the custody of his daughter. that woman is ready for divorce but not ready to give the child. in this case what should we do. me and my husband are muslims, i want to accept his daughter and bring her up as our child. i see my husband very worried for the child. how should we go about getting the child's custody. Please advice. waiting for your advice according to islamic, shariah law and whatever is best for the child.

please keep this confidential.

allah hafiz

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Custody of child with hindu

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

In the unfortunate event of a divorce between a believing couple in Islam, regardless of who amongst the spouse initiates the divorce, Shariah Law states that all children (male or female) will remain in the custody of the mother until they reach the age of understanding and puberty; and it will be the responsibility of the father to provide for the financial upkeep of the children.

 

Once the children reach the age of understanding, the father has a right to move the Shariah Court if he wishes to gain custody of the children.  The Shariah Court Judge will then ask the children who have attained the age of puberty whom they wish to live with: their mother or their father; and whatever decision is made by the children will be enforced by the Shariah Judge. 

 

The decision of who gains the custody of the children in a divorce neither rests with the mother, nor the father, nor the Shariah Court Judge; but Allah Subhanah has placed this right of decision in the hands of the children as soon as they reach the age of understanding and puberty.  The Shariah Court Judge will only enforce the decision of the children, and give the parent who lost the custody fair visitation rights.

 

If the mother of the child happens to be a non-muslim (Jew or Christian), or the mother of the child declares apostasy after the marriage, Shariah Law dictates that regardless of the age of the child, the believing father will hold the primary custody of the child.

 

Your Question: how should we go about getting the child's custody

Respected sister, in your particular case, it all depends on where you reside and what laws apply in the land or nation where you reside.

 

If you happen to live in an Islamic country, and the civil laws of the land are based on Shariah…..if you can prove to the Shariah Court Judge that the mother of the said child is indeed a disbeliever, the Shariah Court would grant primary custody of the child to the believing father.

 

But if you happen to live in a land where Shariah Law does not apply in the courts, then obviously you would have no choice but to accept the verdict of the courts of the land.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan