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Fatwa CenterDivorcee travelling to her Muslim country with her fostered child
Question
Assalamuailaykum wrwb,I came to a country to marry and got divorced after couple of years, alhamdulilah Allah gave me a son from it. But now the country will not renew my visa to keep staying in the country since I am divorced and my ex husband is saying that I can´t take his child from him and that I should go back on my own, if I do he will never forgive me in this dunya or in the here after. My question is can I take my son, for I heard that the mother has right our the child until he is 7 years old. Barakullahu Fiikum.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
We have previously clarified in Fatwa 89647 that it is the mother who has the right of fostering the children in principle but the father is more appropriate to foster his children when the mother intends to travel or when the father wants to travel. Of course, this is provided that the child is safe from being subjected to corruption by staying with his father and safe from being in a corrupt environment. If it is feared that the child would be spoilt and the mother wants to travel to another place where the religion and morals of the child would be safe and protected, then there is no harm for her to take him with her, Inshaa' Allaah.
In our view, you should consult the trustworthy brothers running the Islamic centres, and we believe that they will guide you to what is best.
Allaah Knows best.
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