Re: Custody Rights in Islam -- Question/Answer Board

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Subject: Re: Custody Rights in Islam

Author:
Laila Nasheeba

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Date Posted: 08:31:44 01/01/03 Wed
Author Host/IP: dhcp024-210-181-243.woh.rr.com/24.210.181.243
In reply to: Sista on da Sunnah 's message, "Custody Rights in Islam" on 08:21:09 01/01/03 Wed

As Salaamu Alaikoum,

Praise be to Allah.

The answer I give to this question is the same Shaykh morsy or any of the MALES would give..no offense taken.. and here is the answer:

If the man does not practice Islam then the children should stay with the woman.

Also, according to the Laws of the Sharia the children should stay with the mother unless she remarries:

Sharee�ah states that if the spouses separate, the mother has more right to custody of the children than the father, but if she remarries she loses her right to custody. The evidence for that is the fact that the Prophet (peace and blessings of Allaah be upon him) said to that woman who asked for custody of her child from her husband � after he had divorced her � �You have more right to that so long as you do not get married.� [Narrated by Abu Dawood, 2276 from the hadeeth of �Abd-Allaah ibn �Amr (may Allaah be pleased with him); classed as hasan by al-Albaani in Saheeh Abi Dawood, 1991.]

AND ALLAH KNOWS BEST

LAILA NASHEEBA (STUDENT OF KNOWLEDGE)

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