The Muslim taking his child from his divorced non-Muslim wife upon emigration
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. The questioner says: A French man married a French woman through a valid Islamic contract, and they had a son. After a period, he divorced her because she was not committed to her religion. He now wants to emigrate to a Muslim country. His question is: Does he take his son with him, even if his ex-wife refuses? What do you advise him to do in this matter?
Answer:
If it is possible for him to take his son with him, he should take him. He should not leave him in the land of disbelief to be raised by disbelievers. If this is possible, he takes him. Yes.
Honorable Shaykh, may Allah grant you success. The questioner says: A French man married a French woman through a valid Islamic contract, and they had a son. After a period, he divorced her because she was not committed to her religion. He now wants to emigrate to a Muslim country. His question is: Does he take his son with him, even if his ex-wife refuses? What do you advise him to do in this matter?
Answer:
If it is possible for him to take his son with him, he should take him. He should not leave him in the land of disbelief to be raised by disbelievers. If this is possible, he takes him. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من أبواب صلاة التطوع — islamhouse.com (1:07:57)
The Arabic text is a machine transcription of the audio recording.