#873: Ruling on the situation of a Divorced Woman not allowed to see her Children from her former husband
873. QUESTION:
“Salamu alaykum. What is the ruling /situation of a woman who divorced her husband though has children for him and now got married to another man to extent that she is even pregnant for her new husband. Now because of her children with the ex husband and that he has keep the children away from her and she want to see her children.”
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
It is not permissible in the Sharī’ah for any of the divorced couples to prevent the divorced mother or father of the child from visiting or from access to the child. This is because in the doing of this is breaking the ties of kinship and severing the bonds that exist between parent and child.
Whenever divorce has been established between a man and his wife and the custodianship of the children (Hadānah) has been established to either of them, it is not permissible for the one who has been given custody to prevent the other from visitation or seeing the child. This was mentioned by Imām Ibn Qudāmah Al-Maqdisī rahimahullāh in Al-Mughnī.
If there are any harms feared that may warrant not wanting to allow meeting or visiting, then some limitations can be placed such as restricting the time, the place or the environment where the meeting is allowed to take place. For instance there is no harm in allowing the child to see his mother for only an hour in a week if that is required to limit the possibility of her influencing him negatively.
It is important to however note that some of the Ulamā have considered it forbidden for a man to allow his divorced wife visit his house for whatever reason if she has remarried. This is because of what it may lead to of Fitnah and his heart inclining toward her. The author of Kashshāfu Al-Qinā mentioned that if she must visit the home to see the children, with his permission, then it is better to visit at the time when he is absent from the house for his regular work, and Allāh knows best.
And you should know that the Ulamā discussed these matters in detail in the books of Fiq’h, so refer to the references for more details. But it is important to State that it is a situation where a greater harm, which is severing the ties of kinship is considered more critical than massaging the egos of either the father or the mother over the child.
We ask Allāh for Guidance and Tawfīq amīn
Bārakallāhu Fīkum
Jazakumullāhu Khayran
Abū Āsim
26th Rabīu Al-Awwal, 1440AH.
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