Custody Of A Muslim's Children From A
Kaafir Wife If He Dies
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
If the muslim man dies, to whom does the custody
of the children goto if the wife is a christian, and
the only muslim relatives of the man are far away?.
Praise be to Allaah.
Custody of the children should not be given to a
kaafir. This is the view of Maalik, al-Shaafa'i and
Ahmad. (al-Mughni, 11/412). If the Muslim relatives of
the man are far away, then the children should be sent
to them. If that is not possible then the children
should be given to a Muslim family to take care of
them and have custody of them.
The conditions of custody include the following:
Being Muslim, for custody cannot be given to a
kaafir.
Being of sound mind, for custody cannot be given to
one who is insane or mentally deficient.
Being an adult, for custody cannot be given to a
minor.
Being able to bring them up properly, for custody
cannot be given to one who will be negligent.
Ibn al-Qayyim said:
No custody can be given to a kaafir over a Muslim
for two reasons:
1 – The one who is given custody of a child will be
keen to bring him up in his religion and to teach him
about it, and after he grows up it will be difficult
for him to change. He may change him from the natural
disposition of man with which Allaah has created His
slaves, and after that he may never come back to it,
as the Prophet (peace and blessings of Allaah be upon
him) said: "Every child is born in a state of fitrah
(natural disposition of man), then his parents make
him into a Jew or a Christian or a Magian." There is
no guarantee that the one who has custody will not
turn a Muslim child into a Jew or Christian.
If it is said that the hadeeth only applies to the
parents, we should say that the hadeeth refers to the
usual situation, which is that a child usually grows
up with his parents, but if one or both are lost, then
the child's guardian among his relatives takes their
place.
2 – Allaah has severed the ties of closeness
between Muslims and kaafirs, and has made the Muslims
the close friends of one another, and the kaafirs the
close friends of one another. Custody is one of the
strongest reasons for creating close bonds, which
Allaah has severed between the two groups.
Zaad al-Ma'aad, 5/459.
And Allaah knows best.
He Married Her After She Became Muslim But She Does
Not Pray
Islamic Rulings - Living
Shariah Verdicts
Islamic Questions & Answers
I am a rational Muslim. I told a Christian girl
that I would never be able to marry her because of the
difference of religion between us. She agreed to enter
Islam and I married her believing that she was a
Muslim. We have now been married for three years, but
it seems that she does not want to pray despite all my
efforts. I bought her some Islamic books on this
matter. During Ramadan, she started to fast with
difficulty but she is not praying up till now. What
should I do (if she carries on as she is)? I have
started to feel tired of reminding her to pray.
Praise be to Allaah.
In this case you have to leave her, because in this
situation she has entered Islam and then left it, and
this is regarded as kufr, rejecting the sound religion
and apostasy from Islam. If she insists on refusing to
pray and fast and do everything that is required of
the Muslim, and she has not given up haraam things,
then we think that you should leave her. Whoever fears
Allah, He will grant him a way out. Allah says
(interpretation of the meaning): "But if they separate
(by divorce), Allaah will provide abundance for
everyone of them from His Bounty" [al-Nisa' 4:130].
Shaykh ‘Abd-Allah ibn Jibreen (may Allah have mercy on
him)
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