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Subject : Is Fostering Woman Allowed to Ban Child from Maintaining Ties with Father?

Fatwa Number : 2067

Date : 18-06-2012

Classified : Mother's nursery rights

Fatwa Type : Search Fatawaa

Question :

What is the ruling when the woman taking custody of a child bans him from maintaining ties with his father?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Islam has forbidden disobeying parents and severing blood ties, and warned fathers and mothers, even after they are separated, as well as paternal and maternal relatives, against committing such sin. Moreover, it isn`t permissible to ban a child from maintaining ties with his father and mother since this means committing what`s forbidden. Ibn An-Naqeeb, a Shaffii scholar, said: "If the child chooses to live with his mother then he should go to his father during the day to educate and discipline him."{Umdat al-Salik, pp.443}.

In addition, Article(184/A) of the Jordanian Personal Status Law/2010 states: "The guardian has the right to supervise the affairs of the fostered child, tend to his needs, choose the education that suits him and the place where he is supposed to receive it, and that should be in the same area where the fostering woman resides, and it isn`t permissible to move the child from her place of residence except with her approval or for a necessity that achieves the benefit of that child."

Furthermore, Article(84/B) states: "Both the guardian and the fostering woman should tend to the child`s needs, discipline him/her and direct him/her to the best education." And Allah Knows Best.



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