regarding custody if the woman marries?
Machine translationRead the Arabic original
The questioner : May Allah prolong your life, O Lord. First point—Your Eminence, if you remember, I spoke with you about the topic of custody when the mother marries, and Your Eminence explained to me the concept of custody from... when I mentioned "Zad al-Ma'ad" by Ibn al-Qayyim?
The Shaykh: Yes.
The questioner : So, do you think I can obtain this explanation? Is it written by Your Eminence? Because here it is possible... the Sharia Fatwa Committee; because every time my sister has this problem, they directly quote the fatwa I told you about; meaning, the mistake is that custody is immediately stripped from her?
The Shaykh: Well, excuse me, first of all, I apologize, I do not have such free time, and secondly, why do you not transcribe Ibn al-Qayyim's words and submit them to the committee if they respect Ibn al-Qayyim's words? If they respect Ibn al-Qayyim's words, the problem is solved. And if they do not respect Ibn al-Qayyim's words, then who is Al-Albani for them to respect him, if they do not respect one who is more knowledgeable and older than him?!
The questioner : Welcome, Your Eminence. The truth is, regarding the people, the person in charge is a Pakistani Shaykh, and he... refers to the book, what is its name? He reads Arabic well, meaning he studied in Saudi Arabia.
The Shaykh : Yes.
The questioner : Despite that, it appears that either he does not respect the words—God knows—or he was unable to comprehend that this thing is actually the correct one... here, for example, if there is an English court, there is a dispute between a man and his wife... regarding custody.
The Shaykh: Yes.
The questioner : They sometimes ask for their religious opinion, meaning, they do not rule on it, but they take into consideration the difference in customs and religion from theirs.
The Shaykh: Yes.
The questioner : And he actually gave a religious fatwa, meaning here in the court regarding my son's case, that immediately when the mother marries, custody is stripped from her immediately without any discussion. So, besides the loss of rights, it is a disaster, meaning it appeared that Islam has something of a disaster in this, meaning as soon as a woman marries, regardless of the righteousness of her new husband or not, immediately the children are taken and placed with their father; whether he is good or committed or not committed; that is it, custody is stripped. So they speak to me that this thing is not normal... I want to explain to them, meaning here this official committee is telling them: No, this talk is wrong, my talk is wrong, there is a disagreement between my talk and his talk, clearly. So when a fatwa comes—for example... contemporary, meaning an English judge will not go back to Ibn al-Qayyim's book, of course, he does not know it and cannot read from it, but a contemporary fatwa comes from another religious authority now, not this authority, from a Muslim country... they look at the matter, why are these people different in their talk, what is your opinion?
The Shaykh: Yes, may Allah bless you, first I will say.
The questioner : Yes.
The Shaykh: The problem will return—also—in another form, and it is.
The questioner : Yes.
The Shaykh: You told me that your husband explained this to the Pakistani?
The questioner : Yes.
The Shaykh: Well, so the same problem will return regarding my statement, this is first, and secondly, you must now turn to a body of great scholars who have a reputation in the Islamic world so that their fatwa has an impact in.
The questioner : ... .
The Shaykh: Yes, as for Al-Albani.
The questioner : Like the Fatwa Authority in Saudi Arabia?
The Shaykh: Ah, as for Al-Albani, if we wrote the opinion for you, if we were free for such a thing, and you submitted it to your committee.
The questioner : Yes.
The Shaykh: They will ask, who is this Al-Albani?
The questioner : Yes.
The Shaykh: This is a non-Arab man, and... and so on, and God knows what they say. The important thing is that you return to Saudi Arabia.
The questioner : Yes.
The Shaykh: And you explain the case to them, and they will issue a fatwa and sign an official signature, and at that time, this signature is what will make those people there respect such talk.
The questioner : Okay.
The Shaykh : This is all I have.
The questioner : Understood, Your Eminence.
The Shaykh: Yes.
The questioner : So, do you think I can obtain this explanation? Is it written by Your Eminence? Because here it is possible... the Sharia Fatwa Committee; because every time my sister has this problem, they directly quote the fatwa I told you about; meaning, the mistake is that custody is immediately stripped from her?
The Shaykh: Well, excuse me, first of all, I apologize, I do not have such free time, and secondly, why do you not transcribe Ibn al-Qayyim's words and submit them to the committee if they respect Ibn al-Qayyim's words? If they respect Ibn al-Qayyim's words, the problem is solved. And if they do not respect Ibn al-Qayyim's words, then who is Al-Albani for them to respect him, if they do not respect one who is more knowledgeable and older than him?!
The questioner : Welcome, Your Eminence. The truth is, regarding the people, the person in charge is a Pakistani Shaykh, and he... refers to the book, what is its name? He reads Arabic well, meaning he studied in Saudi Arabia.
The Shaykh : Yes.
The questioner : Despite that, it appears that either he does not respect the words—God knows—or he was unable to comprehend that this thing is actually the correct one... here, for example, if there is an English court, there is a dispute between a man and his wife... regarding custody.
The Shaykh: Yes.
The questioner : They sometimes ask for their religious opinion, meaning, they do not rule on it, but they take into consideration the difference in customs and religion from theirs.
The Shaykh: Yes.
The questioner : And he actually gave a religious fatwa, meaning here in the court regarding my son's case, that immediately when the mother marries, custody is stripped from her immediately without any discussion. So, besides the loss of rights, it is a disaster, meaning it appeared that Islam has something of a disaster in this, meaning as soon as a woman marries, regardless of the righteousness of her new husband or not, immediately the children are taken and placed with their father; whether he is good or committed or not committed; that is it, custody is stripped. So they speak to me that this thing is not normal... I want to explain to them, meaning here this official committee is telling them: No, this talk is wrong, my talk is wrong, there is a disagreement between my talk and his talk, clearly. So when a fatwa comes—for example... contemporary, meaning an English judge will not go back to Ibn al-Qayyim's book, of course, he does not know it and cannot read from it, but a contemporary fatwa comes from another religious authority now, not this authority, from a Muslim country... they look at the matter, why are these people different in their talk, what is your opinion?
The Shaykh: Yes, may Allah bless you, first I will say.
The questioner : Yes.
The Shaykh: The problem will return—also—in another form, and it is.
The questioner : Yes.
The Shaykh: You told me that your husband explained this to the Pakistani?
The questioner : Yes.
The Shaykh: Well, so the same problem will return regarding my statement, this is first, and secondly, you must now turn to a body of great scholars who have a reputation in the Islamic world so that their fatwa has an impact in.
The questioner : ... .
The Shaykh: Yes, as for Al-Albani.
The questioner : Like the Fatwa Authority in Saudi Arabia?
The Shaykh: Ah, as for Al-Albani, if we wrote the opinion for you, if we were free for such a thing, and you submitted it to your committee.
The questioner : Yes.
The Shaykh: They will ask, who is this Al-Albani?
The questioner : Yes.
The Shaykh: This is a non-Arab man, and... and so on, and God knows what they say. The important thing is that you return to Saudi Arabia.
The questioner : Yes.
The Shaykh: And you explain the case to them, and they will issue a fatwa and sign an official signature, and at that time, this signature is what will make those people there respect such talk.
The questioner : Okay.
The Shaykh : This is all I have.
The questioner : Understood, Your Eminence.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.