With whom do the children remain when the spouses separate?
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The questioner : Shaykh, may Allah reward you. If the husband and wife separate,
The Shaykh : If
The questioner : the husband and wife separate,
The Shaykh : if they separate?
The questioner : Yes
The Shaykh : Yes
The questioner : and they have children, both sons and daughters, with whom do they remain?
The Shaykh : They remain with whom the judge rules. In other words, if the spouses do not agree that the children should be with one of them, the matter is referred to the judge, the Shari'ah judge. He looks at what is in the best interest. Therefore, we must know that the purpose of custody is to reform the child. It is not permissible to leave the child in the care of someone who does not protect him and reform him, even if that person has the right to custody in terms of order. If we know that this person is negligent and does not care, or if we know that he is a doer of evil, then the children do not remain with him, and he has no custody. The important thing is that the reference in this matter is to the judge, and the judge must fear Allah and consider the best interest of the child. Yes.
The questioner : Peace be upon you.
I bear witness to Allah that I love you in Him, O Shaykh.
The Shaykh : May Allah love you as you have loved us in Him.
The questioner : As is known, O Shaykh, in the science of terminology, regarding the conditions by which the abrogating and the abrogated are identified,
The Shaykh : and the intoxication of the apparent is that it is forbidden.
The Shaykh : If
The questioner : the husband and wife separate,
The Shaykh : if they separate?
The questioner : Yes
The Shaykh : Yes
The questioner : and they have children, both sons and daughters, with whom do they remain?
The Shaykh : They remain with whom the judge rules. In other words, if the spouses do not agree that the children should be with one of them, the matter is referred to the judge, the Shari'ah judge. He looks at what is in the best interest. Therefore, we must know that the purpose of custody is to reform the child. It is not permissible to leave the child in the care of someone who does not protect him and reform him, even if that person has the right to custody in terms of order. If we know that this person is negligent and does not care, or if we know that he is a doer of evil, then the children do not remain with him, and he has no custody. The important thing is that the reference in this matter is to the judge, and the judge must fear Allah and consider the best interest of the child. Yes.
The questioner : Peace be upon you.
I bear witness to Allah that I love you in Him, O Shaykh.
The Shaykh : May Allah love you as you have loved us in Him.
The questioner : As is known, O Shaykh, in the science of terminology, regarding the conditions by which the abrogating and the abrogated are identified,
The Shaykh : and the intoxication of the apparent is that it is forbidden.