What should i do and what are the rules in islam for the custody of the child after the divorce, i have already given her one divorce.
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:
Asalamalaikum,i
am receiving your hadith e-mails and it has helped me a lot in changing myself
and fearing allah, i have been married since 7 years and have a 4and a half
year daughter, my wife and mine was an arranged marriage by our parents and my
age was just 21 years,then after 2 years i got my vidai....got my wife to my
house.....since our marriage where we had not taken the vidai(she was staying
at her mothers house)we used to have fights....she is the only daughter and her
father stays abroad,she gets these anger phases...we have fought a lot in these
7 years, for 6months she was staying at her mum`s house, i seperated from my
parents for her sake...now when her mao is staying with us she still does not
listen to me,talk very rude,talk bad about my parents in my presence,fight with
me on small matters,her mother says she has some sprit on her and will be fine
after this black magic is removed, i am still staying with her for two
reasons.....islam and my daughter...please guide me what should i do and what
are the rules in islam for the custody of the child after the divorce, i have
already given her one divorce.
(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:
Disobedient wife
divorce custody
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.
Allah Says in the Holy Quran Chapter 30 Surah
Rome verse 21:
21 And among His Signs is this that He created for you mates from among
yourselves that ye may dwell in tranquillity with them and He has put
love and mercy between your (hearts); verily in that are Signs for
those who reflect.
Sahih Muslim Hadith 3469 Narrated by Abu Hurayrah
Allah's Messenger (saws) said: ‘a believing
man should not hate a believing woman (his wife); if he dislikes one of her
characteristics, he will be pleased with another.
Al-Tirmidhi Hadith 3272 Narrated by Abu Hurayrah
When Allah's Messenger (peace be upon him)
was asked which woman was best he replied, "The one who pleases (her
husband) when he looks at her, obeys him when he gives a command, and does not
go against his wishes regarding her person or property by doing anything of
which he disapproves."
Al-Tirmidhi Hadith 285 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘Had it been
permissible that a person may prostrate himself before another, I would have
ordered that a wife should prostrate herself before her husband.’
Al-Tirmidhi Hadith 286 Narrated by Umm Salamah
The Prophet (saws) said: ‘If a woman dies
while her husband was pleased with her, she will enter
Your
Question:...please guide me what should i do
Dear and beloved brother in Islam, if your wife does not
give you the honor and respect that is due to a husband in the sacred bond of
marriage in Islam, you have two lawful options:
Dear and beloved brother, if indeed you chose the option
to divorce your wife, fear Allah, and just as the two of you once united in the
sacred bond of marriage in peace and harmony, make sure that you set her free
through divorce in peace, and with honor and extreme benevolence…..that would
be akin to piety and righteousness in the Sight of your Lord All Knowing, All
Wise.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 231:
231 When ye divorce women and they fulfil the term of their (Iddah)
either take them back on equitable terms or set them free on equitable terms;
but do not take them back to injure them or to take undue advantage; if anyone
does that He wrongs his own soul. Do not
treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and
the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well
acquainted with all things.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 130:
130 But if they disagree (and must part through divorce) Allah will
provide abundance for all from His all-reaching bounty: for Allah is He that
Cares for all and is Wise.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 19-21:
19 O ye who believe! Ye are forbidden to inherit women against their
will. Nor should ye treat them with
harshness that ye may take away part of the dower (mehr) ye have given them
except where they have been guilty of open lewdness; on the contrary live with
them on a footing of kindness and equity.
If ye take a dislike to them it may be that ye dislike a thing and Allah
brings about through it a great deal of good.
20 But if ye decide to take one wife in place of another even if ye had
given the latter a whole treasure for dower, take not the least bit of it back:
would ye take it by slander and a manifest wrong?
21 And how could ye take it back when ye have gone in unto each other
and they have taken from you a solemn covenant?
Your
Question:….. and what are the rules in islam for the custody of the child after
the divorce
In normal cases, Shariah Law prescribes the custody of the
children who are below the age of puberty and understanding to the mother, with
the father having fair visitation rights.
When the children have passed the age of puberty and understanding and
the father wishes to gain custody of the children, he has to take his custody
case to a
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
