If a man divorces his wife, who takes the children?
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The questioner : May Allah forgive you, O honorable Shaykh. A couple has been divorced, and there is no right of return.
The Shaykh : Yes.
The questioner : A couple was divorced with no right of return, and they have a son and a daughter. When the divorce took place, the daughter was twelve years old and the son was approximately eighteen years old. To whom do they go? To the father? Or to the mother? They are currently in dispute.
The Shaykh : May Allah bless you, this matter returns to the judge. In cases involving dispute, it is wise for no one to issue a fatwa, because one might rule based on what he hears from one party, while the other party has arguments to refute it. Also, if a ruling is issued, the opposing party might take it to argue against the judge when they appear before him, even though the mufti did not know about the refutation of that argument. Therefore, I advise my brothers, the students of knowledge, that if someone asks them for a ruling in matters involving dispute, they should say: "This matter is for the judges," so that they do not lead people into evil and tribulation.
The Shaykh : Yes.
The questioner : A couple was divorced with no right of return, and they have a son and a daughter. When the divorce took place, the daughter was twelve years old and the son was approximately eighteen years old. To whom do they go? To the father? Or to the mother? They are currently in dispute.
The Shaykh : May Allah bless you, this matter returns to the judge. In cases involving dispute, it is wise for no one to issue a fatwa, because one might rule based on what he hears from one party, while the other party has arguments to refute it. Also, if a ruling is issued, the opposing party might take it to argue against the judge when they appear before him, even though the mufti did not know about the refutation of that argument. Therefore, I advise my brothers, the students of knowledge, that if someone asks them for a ruling in matters involving dispute, they should say: "This matter is for the judges," so that they do not lead people into evil and tribulation.