His wife prevents him from seeing his daughter
Fatwa No: 92176

  • Fatwa Date:9-7-2006 - Jumaadaa Al-Aakhir 13, 1427
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Question

my wife has taken away my daughter and due to her own interest not returning back.now she has gone to court and not allowing me to meet my daughter.there is no divorce between us.WHAT ISLAM SAY ABOUT SUCH ACT and any guideline u may like to give me....that what should i do now

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.

 

If this case is in the hands of the judge in an Islamic court, then in principle it is the court that solves such problems on which there are disputes and disagreements. That is so, because the judge is able to study the case from all its sides and hear both parties. In addition to this, both parties are obliged to abide by the order of the judge contrarily to a mere Fatwa.

We advise you to endeavour to reconcile with your wife as divorce breaks up the family and causes spoiling the children. So, first you have to put your trust in Allaah and then seek the help of the righteous and pious relatives of both parties so that they will try to reconcile between you, as Allaah may enable them to this effect and cause the reunification of your family. Allaah Says (which means): {If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allaah will cause their reconciliation….}[Quran 4:35].

Finally, it should be noted that it is not permissible for your wife to prevent you from seeing and meeting your daughter. This is the religious ruling even if divorce took place. So how can she prevent you from meeting and seeing your daughter before divorce takes place.  

Allaah Knows best.

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