mercredi 11 septembre 2013

Alimony

What is the shar'ie ruling with regard to alimony money that the father has to give to his adult children by means of a kaafir court, where the children are staying with a naashiza (disobedient mother who left the husband's house without any valid shar'ie reason and by means of protection order she stopped the father from his visitation rights?

1. If the wife leaves the husband's house without talaaq, will she has the right of custody in islaam?

2. If so, then according to what i know, when the daughter reach the age of puberty she is supposed to be in the father's custody. So in this case will it be haraam for her to consume the alimony money when she chose to stay with the mother without any valid shar'ie reason?

3. what about an adult son, who is also staying with the mother. according to shar'ie rules is he allowed to use alimony money given by the father?

Jazaakumullahu khairaa



Answer:

(1) Alimony granted by the kaafir court is haraam. It is not permissible for the woman to use any of the haraam alimony money.

(2) It is not permissible for the wife to leave the marital home without valid Shar’i reason. Nevertheless, if she is not an immoral woman, and if she takes care of the Islamic interests of the children, then she will still have custody o the minor children

(3) She will have custody of a boy until the age of 7, and of a girl until the age of puberty. If the girl becomes baaligh, and she refuses to stay with her father, the alimony money will be haraam for her. The same applies to a baaligh son. The alimony money is haraam for him They will be eating and using the Fire of Jahannum if they usurp the haram alimony money.

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