The divorced husband taking his ex-wife’s daughter and her custody
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. My sister was divorced from a young man who does not pray, so this young man took her daughter out of spite after the divorce. The question says: My sister was divorced from a young man who does not pray, so this young man took her daughter out of spite after the divorce.
The Shaykh:
This is her stepdaughter. Yes.
The questioner:
It appears they are all their children.
The Shaykh:
Repeat the question.
The questioner:
He says: My sister was divorced from a young man who does not pray, so he took her daughter out of spite after the divorce.
The Shaykh:
He took her, meaning he married her.
The questioner:
So do we have the right to claim custody of the girl in court, or does the man own the girl even during the custody period, knowing that the girl is only ten months old?
The Shaykh:
This is a judicial matter; you should refer to the court, if Allah wills, and there is good in it. Either you will reconcile among yourselves, or you will go to the court. Yes.
He says: Honorable Shaykh, may Allah grant you success. My sister was divorced from a young man who does not pray, so this young man took her daughter out of spite after the divorce. The question says: My sister was divorced from a young man who does not pray, so this young man took her daughter out of spite after the divorce.
The Shaykh:
This is her stepdaughter. Yes.
The questioner:
It appears they are all their children.
The Shaykh:
Repeat the question.
The questioner:
He says: My sister was divorced from a young man who does not pray, so he took her daughter out of spite after the divorce.
The Shaykh:
He took her, meaning he married her.
The questioner:
So do we have the right to claim custody of the girl in court, or does the man own the girl even during the custody period, knowing that the girl is only ten months old?
The Shaykh:
This is a judicial matter; you should refer to the court, if Allah wills, and there is good in it. Either you will reconcile among yourselves, or you will go to the court. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (27:52)
The Arabic text is a machine transcription of the audio recording.