A man married a woman who converted to Islam through him, then divorced her, and she apostatized from Islam and is demanding custody of her daughter
Machine translationRead the Arabic original
Your Eminence is informed that I previously married a French woman who converted to Islam through me, as per a certificate of public declaration of Islam (attached), and she bore me a daughter who is now (7) years old. After a long period of cohabitation in accordance with the Sunnah, a disagreement arose between us, and I divorced her. Then she apostatized from Islam and adopted the Jewish religion, refuge in Allah, and demanded
the aforementioned woman to have custody of her daughter and to take her to travel to the country of France to live with her away from me, in a country other than her Muslim country, based on the fatwa she obtained from a rabbi in Paris, which includes her right to custody of her daughter. Therefore, I hope Your Eminence will clarify the legal basis for my right to custody of my daughter (A. S. K. N.) after her mother’s (my ex-wife) apostasy?
A: The right to custody of this daughter belongs to the father, not the mother, because she has reached the age of seven years and because the daughter’s religion is the same as her father’s. It is stated in (Sharh Muntaha al-Iradat 3: 252): “A seven-year-old daughter is with her father until her marriage, as an obligation.”
the aforementioned woman to have custody of her daughter and to take her to travel to the country of France to live with her away from me, in a country other than her Muslim country, based on the fatwa she obtained from a rabbi in Paris, which includes her right to custody of her daughter. Therefore, I hope Your Eminence will clarify the legal basis for my right to custody of my daughter (A. S. K. N.) after her mother’s (my ex-wife) apostasy?
A: The right to custody of this daughter belongs to the father, not the mother, because she has reached the age of seven years and because the daughter’s religion is the same as her father’s. It is stated in (Sharh Muntaha al-Iradat 3: 252): “A seven-year-old daughter is with her father until her marriage, as an obligation.”
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.