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Fatwa CenterSeparated for three days from his wife and took their child
Question
I am having problem with my wife and we are not staying together for 3 days. We have a boy who is 1 year old, and the boy is with me. Is this correct or should I give her the boy despite the problems?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The mother is more entitled (has more right) to nurture her son. Because she is more affectionate and more patient in fulfilling the needs of the child.
The right of the mother in nurturing and bringing up the child continues until the child reaches the age of distinction, when he will be given the opportunity to choose between staying with the father or with the mother, according to what is beneficial for the child.
The age of distinction according to most of the Islamic Jurisprudents is 7 years old.
Therefore, it is not permissible for you to take the child away from his mother as this causes harm to him. The Prophet (Sallallahu Alaihi wa Sallam) said: “Do not harm yourselves and do not cause harm to anybody else”. [Reported by Malik]
We advise you to solve the problems between you and your wife according to Shariah. We ask Allah to solve the problems that exist between you. He is the One who is capable to do so.
Allah knows best.
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