Guardianship over Children within the Sphere of the Spouses
Machine translationRead the Arabic original
Fatwa No. ( 17119 )
Q: I am a married young man, and I have children with my wife. The problem I am facing is that my father is not pleased and has prevented me from taking my family with me. He refused and threatened that if I take my family with me, he will go to the Sharia court located there and then disown me. In this situation, I am confused; so if I take my wife and children and leave my father to go to the Sharia court, am I undutiful to my father in this case?
Knowing that he is married, and his choice is to travel with me. I ask Allah, then you, for the answer.
A : The Sharia principle is that the wife is to be obedient to her husband, and that guardianship over the children lies within the sphere of the spouses. The husband’s father or anyone else has no right to intervene in this, unless there is a Sharia necessity that is assessed by the mufti or the judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am a married young man, and I have children with my wife. The problem I am facing is that my father is not pleased and has prevented me from taking my family with me. He refused and threatened that if I take my family with me, he will go to the Sharia court located there and then disown me. In this situation, I am confused; so if I take my wife and children and leave my father to go to the Sharia court, am I undutiful to my father in this case?
Knowing that he is married, and his choice is to travel with me. I ask Allah, then you, for the answer.
A : The Sharia principle is that the wife is to be obedient to her husband, and that guardianship over the children lies within the sphere of the spouses. The husband’s father or anyone else has no right to intervene in this, unless there is a Sharia necessity that is assessed by the mufti or the judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.