What Is the Consequence If All Guardians Refuse Custody of a Child?

Answered by Mawlana Ilyas Patel

Question

If all guardians, including the father, refuse custody of a child, is there any binding or divine obligation for them to accept it, and what is the consequence if a mother refuses to transfer custody to them after her remarriage?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

If all the guardians, including the father, refuse custody of a child, they will be sinful. And if a mother refuses to transfer custody to them after her remarriage, she will also be sinful.

Children should not be denied fatherly and motherly love and care during a custody issue. Neither the mother nor the father should be deprived if this is the case, as it is a loss either way.

By maintaining a relationship of care, everyone will realize their responsibility in the future. One should work towards this with the help of family, reliable local scholars, and practicing family members and Muslims.

No Harming Yourself or Harming Others

‘Ubada Ibn al-Samit (Allah be pleased with him) reported: The Messenger of Allah (Allah bless him and give him peace) issued an order, “Do not cause harm or return harm.” [Ibn Maja]

Jabir Ibn Abdullah (Allah be pleased with him) reported: The Messenger of Allah (Allah bless him and give him peace) said, “Beware of committing oppression, for oppression will be darkness on the Day of Resurrection.” [Muslim]

Custody Rights

Generally, if the child is a boy, the mother has custody rights until he turns seven. If the child is a girl, the mother retains custody until she reaches nine. After these ages, custody rights are transferred to the father

The child’s father is always responsible for maintaining the child. If he neglects this duty, he will be considered sinful in the eyes of Allah. In the case of a female, it is until she marries, and in the case of a healthy male, it is until he reaches maturity. In the case of a disabled child, male or female, the father is permanently responsible.

[Ibn ‘Abidin, Radd al-Muhtar]

Dispute Over Custody

It is important to resolve disagreements amicably and avoid the courts. In summary, the best approach for both parents is prioritizing their child’s interests over their own. Understanding the child’s needs is also important. Collaborate to create a schedule that ensures the child receives appropriate parenting from both the mother and father. The child’s well-being and future are crucial and at stake.

Given the considerations in such cases, we urge you to please consult reliable local scholars or counselors about the situation’s specifics. Jazakum Allah khayr. May Allah facilitate all ease and good for you

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

Related

• Custody of a Child
• What Are the Obligations of a Father Who Does Not Have Custody of His Children? 
• Child Custody

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat 

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.