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Subject : Mother's loss of Custody doesn't Nullify her Child's Right to Receive Support

Fatwa Number : 2069

Date : 18-06-2012

Classified : Mother's nursery rights

Fatwa Type : Search Fatawaa

Question :

Is child support nullified by the mother`s loss of her right in custody?

The Answer :

Praise be to Allah, The Almighty, peace and blessing be upon His Messenger.

Providing for the poor-young child is incumbent on his/her father for Allah, The Almighty, Says: “It is for the father to provide them and clothe them honourably.” { Al-Baqarah/233}.

The father is obliged to support his child even if the mother has lost her right in custody. The mother`s violation of her custody rights doesn`t deprive the child from receiving support from his father as it is separated from the wages that she collects for fostering him/her.

Al-Imam Ibn-Nojaim says: “ Support, housing, and clothing of the poor-young child are incumbent on the father for Allah, The Almighty Says in this regard (What means): ”It is for the father to provide them and clothe them honourably.” { Al-Baqarah/233}. This indicates that providing for the children is the responsibility of the father alone.”{ Al-Bahar Al- Ra`eq vol.11, pp.337}.

Article (189) of The Jordanian Personal Status Code for the year (2010) stated that the father`s financial situation-rich or poor-is to be taken into consideration as regards the support he is to provide to his children, provided that it is no less than sufficient. And Allah Knows Best.



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