Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is it permissible for a husband to prevent his wife from visiting her children from her previous husband?

Machine translationRead the Arabic original
Question : A woman sent a question saying: I am a recently married woman with children from a previous husband. I have a final court ruling granting me visitation rights with my children two days a week. However, their father does not allow me to take them every time I go to their neighbor’s house. I told my current husband to ask me not to go to them, and that I am their mother, so I must be patient and not see my children. She asks, O Shaykh: If I obey my husband and do not seek to see or take my children, is this considered a sin and a severing of the family ties between me and my children? And if I disobey my husband and go to take my children, is this considered a sin because I disobeyed my husband?

Answer : It is obligatory for the husband to fear Allah the Exalted and Majestic regarding this woman he married, and not to deprive her of her children or deprive her children of her. Then we say: if it was stipulated in the marriage contract that he not prevent her from visiting her children, or not prevent her children from visiting her, then it is obligatory for him to fulfill this condition, based on the saying of the Prophet (peace and blessings be upon him):
(ﷺ) as saying “The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).صلى الله عليه وسلم إن أحق الشروط أن توفوا به ما استحللتم به الفروج.
Sunan Abi Dawud 2139Sahih (Al-Albani)

As for if it was not stipulated, then we refer to the general custom. Whatever is established by custom is what is obligatory for this husband, based on the saying of Allah the Exalted: “And live with them in kindness,” and His saying:
And due to the wives is similar to what is expected of them, according to what is reasonableوَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ
[Al-Baqarah 2:228]
.
If the matter cannot be resolved, meaning if the husband does not comply and does not fear Allah the Exalted and Majestic regarding this woman, then the court is the one that rules between them, unless reconciliation is possible before reaching the court, in which case that is better.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 722 - 4600 هل للزوج أن يمنع زوجته من زيارة أولادها من زوجها الأول؟ ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa