father's cutosdy

Taking custody away from a mother

Question; Other instances under which a custody of the child may be taken away from the mother

Answer:

a)      Demanding payment for looking after the child in the case that another non-marriageable kin can be found who would to take up the custody for free.

b)       having to leave the home frequently for employment or the like in a way that the safety of the child is compromised.

c)       Being involved in any blameworthy or sinful act that would compromise the safety of the child.

d)      If a custodian is involved in vile and sinful acts but the safety and welfare of the child is not compromised then it would be permissible to leave the child in their custody until an age where the child cannot become influenced by those acts. Thereafter, the custody has to be transferred.

e)      If the custodian (mother or grandmother, etc.) happen to be non-Muslim, the child can still be kept in their custody until a discerning age i.e. until the child cannot be influenced towards the other faith. Thereafter, the custody will be transferred. (A child is considered Muslim if any one of the parents happens to be Muslim due to the fiqhi principle: “The child follows the better of the parents in faith”)