Salafy Ink

Does He Have Right to Custody?

Date
February 10, 2016
Author
Shaikh Muhammad Bin Rabee' Al-Madkhali (hafithahullah)
Source
Translator
Abu Muḥammad Nādir Al-Jamaiky
Abu 'Abdis Salaam Al Juyaanee

Original date: 20th of Rabee'uth Thaanee, 1437/ 31st of January, 2015

Abu 'Abdis Salaam Al Juyaanee and I spoke to Shaikh Muhammad Ibn Rabee' (hafithahullah) and I asked about the case where a woman remarries and her ex-husband struggles with drug addiction, does he have the right to custody of the children?


Shaikh Muhammad Ibn Rabee' (hafithahullah) said, "No, he is a criminal and thus does not have the right to custody."

I (Abu Muhammad Naadir Al Jamaiky) then asked, "Should he be allowed to visit (the kids)?"

Shaikh Muhammad Ibn Rabee' (hafithahullah) said, "If there is no fear that they will be harmed due to his addiction then yes, there is nothing preventing that."

I (Abu Muhammad Naadir Al Jamaiky) then asked, "Should these visits be supervised or unsupervised?"

Shaikh Muhammad Ibn Rabee' (hafithahullah) said, "If there is a fear of the kids being ill-effected by their father who struggles with drug addiction, yes; his visits are to be supervised until such a point when everyone feels comfortable that the children will not be harmed and ill-effected due to his drug addiction."

Categories
Women & Family Matters