In the event of divorce, neither parent may prevent the child from visiting the other
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Fatwa number ( 21102 )
Q: Since I married a Canadian woman who was previously a Christian and has since embraced Islam, and I have a son from her who currently lives with her in Canada , I requested to see my son, but his mother refused, stating that it is not permissible for me to see him. I tried with her repeatedly and filed a complaint with the Canadian government regarding this matter. They asked me for a legal proof that permits the father to see his son, and also my son’s mother
told me that. I request your fatwa and a legal proof that permits me to do so, so that I can present it to the child’s mother and the Canadian government.
A: If the wife leaves the marital home or a separation occurs between the spouses, for example through divorce, and they have one or more children, it is not permissible in Islamic law for either of them to prevent the other from seeing and visiting the child between them. Thus, if the child is, for example, in the custody of his mother, it is not permissible for her to prevent his father from seeing and visiting him; for Allah the Exalted has made maintaining family ties obligatory in His saying:[An-Nisa 4:36] , and in the hadith: Jami` at-Tirmidhi 1566Hasan (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Since I married a Canadian woman who was previously a Christian and has since embraced Islam, and I have a son from her who currently lives with her in Canada , I requested to see my son, but his mother refused, stating that it is not permissible for me to see him. I tried with her repeatedly and filed a complaint with the Canadian government regarding this matter. They asked me for a legal proof that permits the father to see his son, and also my son’s mother
told me that. I request your fatwa and a legal proof that permits me to do so, so that I can present it to the child’s mother and the Canadian government.
A: If the wife leaves the marital home or a separation occurs between the spouses, for example through divorce, and they have one or more children, it is not permissible in Islamic law for either of them to prevent the other from seeing and visiting the child between them. Thus, if the child is, for example, in the custody of his mother, it is not permissible for her to prevent his father from seeing and visiting him; for Allah the Exalted has made maintaining family ties obligatory in His saying:
Worship Allah and associate nothing with Him, and to parents do good, and to relatives
وَاعْبُدُوا اللَّهَ وَلاَ تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَىWhoever separates between a mother and her child, then Allah will separate between him and his beloved on the Day of Judgement.
من فرق بين والدة وولدها فرق الله بينه وبين أحبته يوم القيامة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.