The World Federation One Stop Fiqh

Ask an Alim

Divorce and Child Custody


Salaamun Alaikum.

a. If a woman files for divorce in a civil court, that also with false allegations (to gain favour) and the court breaks the marriage without the husbands consent. Is this valid Islamically?

b. If the court grants the woman custody of the child upto 7 despite the fathers right from 2 years, and the woman brain washes the child or gives the father limited access so that after 7 also she continues keeping the child, is this valid Islamically? (As the sole custody is that of fathers after 7 and the mother having access)



Alaykum Salaam

Divorce in a civil court does nor replace Islamic divorce (Talaq).

While you are right that Islam awards the custody of the children to the
father, it is always necessary to look at individual cases and make
compromises with the interest of the child at heart.

My advice is to sit with a local scholar and try to come up with a
solution that satisfied both parties and is within Islamic guidelines

I pray for your success in this Inshallah

Kind regards

Abbas Jaffer