Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 38814
Asked Country: South Africa

Answered Date: Nov 27,2017

Title: Visitation Rights

Question

Assalamualaikum 

I have a daughter who will be 3 years old in a month.

My husband and i are are currently separated due to domestic violence.

With regard to shariah, if this marriage results in divorce, what will be the fair amount of visitation for my husband with regard to my daughter. Considering her age and thats i am will be living with my father 400km away from my huaband.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We make dua Allah grant you the courage to overcome your disagreements with your husband. Ameen.

If you have exhausted all possible efforts to reconcile and if the marriage ends up in divorce, your husband will have visitation rights according to mutual agreement. You should consult an appropriate person in the family and seek his counsel on what is a fair visitation for the father. If he is staying far away he may not come often to visit his daughter. You should consider the visitation as easy and comfortable for him.

And Allah Ta’āla Knows Best

Huzaifah Deedat

Student Darul Iftaa
Lusaka, Zambia 

Checked and Approved by,
Mufti Ebrahim Desai.
 

 

_______________

جامع أحكام الصغار، ج ١، ص ١٥٣، دار الفضيلة)

ليس لأحد الأبوين أن يمنع الآخر من تعاهد الولد: 

وفيه – أيضا - : إذا كان الغلام والجارية عند الأم فليس لها أن تمنع الأب من تعاهدهما، وإن صار إلي الأب فليس له أن يمنع الأم من تعاهدهما والنظر إليهما.

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