Skip to content

Permissibility of Transferring the Child from His Mother’s Custody When There Is Fear for Him]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18775
Number of views: 6
Print the fatwa:
Permissibility of Transferring the Child from His Mother’s Custody When There Is Fear for Him]
Fatwa number: 18775
Print

Question

Question: A woman is afflicted with tuberculosis, yet she clings strongly to custody of her child. Is it permissible for the child’s father to take him from her on account of that illness, or not?

Answer

Answer—and Allah grants success: If there is fear that tuberculosis will affect the child’s health, it is permissible for his guardian to remove him from his mother—or his grandmother, maternal aunt, and the like—and custody transfers to the next entitled custodian after her. Whether tuberculosis and similar illnesses are contagious or not is determined by physicians; if the illness is not contagious, custody is not voided by it.
In sum: a child’s custody turns upon what is best for the child. The mother is more entitled to her child than others, for she is gentler with him and more compassionate toward him. But if there is fear of the child’s contracting tuberculosis—as in the question—or something similar, then in that case someone other than her is better for the child.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

Other fatawa