Parent losing custody of minor child due to illicit relationship

Question:-

A man divorces his wife due to her being unfaithful to him on a number of occasions. There is a minor child involved. Can the father claim custody of his minor son?

Answer:-

In the case of a divorce, the wife is entitled to custody of a son until the age of 7. However, if she is found involved in any form of disobedience to Allah Ta’ala that will have a negative impact on the child, such as being in an illicit relationship, then she will lose her right of custody in terms of Shariah.

In conclusion, she should be afforded the right of custody at this stage. However, if she still continues with her illicit relationship, then she will lose her right of custody.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 28 Jumadal Ukhra 1443 / 31 January 2022