What Are The Obligations Of A Father Who Does Not Have Custody Of His Children?

Answered by Shaykh Abdul-Rahim Reasat

Question

A friend had his marriage annulled by a court in Pakistan. The court assigned custody exclusively to the mother.

What financial obligations does the father have for his children after khul‘? What are the visitation rights for the father?

Answer

I pray you are well.

Do What Is Best For The Children

This is a very delicate situation, as there are usually strong negative emotions on both sides, and resulting wrong actions can affect the children and their relationship with one of both parents. It’s best to advise the parents to act in a manner that is in the interest of the children. They should not have to suffer from the separation more than necessary.

Rights and Responsibilities Of The Father

If they are living with the mother, the father is responsible for the food and clothing of the children, as well as their necessary expenses. This remains until the male children can work themselves and until the females get married.

The father should be able to have unrestricted access to his children. If he wishes to see them daily that should be facilitated. The mother is not allowed to move to another city with them unless the father explicitly agrees.

The only exception is if she moved to her hometown and their marriage took place there. If her hometown is not where they got married and is close enough for the father to visit his children and return home that night then she may move there. [Qadri Basha, al-Ahkam al-Shar‘iyya fi al-Ahwal al-Shakhsiyya]

The Involvement Of Both Parents is Very Important

Undoubtedly, the mother makes many sacrifices for her children from birth onwards. Her importance and great worth are recognized in Islam. This is a matter well known and recognized throughout the world.

The role of the father is crucial for the sound development of boys and girls. Children of both negligent fathers and fathers whose children have been turned against them, suffer. They do not develop properly on many levels.

This is a very useful article that highlights the key factors needed to raise children that have a healthy approach to the din and the dunya:
Raising Children with Deen and Dunya

May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.