Fatwa No : 83710
Not allowing the children to meet their father after divorce

Not allowing the children to meet their father after divorce

After five years, through efforts made by my husband and my brother, reconciliation was reached. It was decided that we would live in a separate home. My husband and I were very happy, and so was my brother. However, my sister-in-law was not happy at all. Despite my brother providing her with every comfort and placing no restrictions on her, she would still go to her mother’s home every fifteen days and instead of appreciating her husband, she would again complain about him. My brother repeatedly proved her false, and my husband also scolded her, but she continued her behavior. Eventually, she turned my mother-in-law and my husband against my brother. My husband, exhausted from the constant conflict, also developed hatred towards my brother. Instead of advising his sister, he began pressuring me to tell my brother off and confront him. I didn’t know what to do. Within ten months, this fire of hatred consumed my home too. Meanwhile, my brother was no longer willing to keep his wife, and my mother-in-law wanted to destroy both homes. Eventually, my sister-in-law obtained khula through the court, and though my husband was unwilling to divorce me, due to pressure from his mother and sister, he finally gave me divorce after one month. Now the matter concerns two innocent daughters, who have been separated from their respective blood relations. Six years have passed since all this happened. My sister-in-law has remarried. My ex-husband has not remarried, nor have I. My niece lives with her maternal grandmother, and I live with my mother along with my daughter. In all these years, both girls have been cut off from their paternal family. My husband has never seen his daughter, and my brother, due to working abroad, has never seen his daughter either.
Now, I sincerely wish that both daughters reconnect with their blood relatives and are able to visit their paternal families. I request you to kindly guide us in the light of Shari‘ah, how this situation can be resolved and explained to those involved, especially because my mother-in-law is a very dominating woman and will certainly not allow the children to meet their fathers. Please guide us, Only Allah will reward you for this. Wassalam.

الجوابُ حامِدا ًو مُصلیِّا ً

Preventing young innocent children from meeting their parents or close blood relatives is a grave sin and an act of severing family ties (qat‘-e-rahmi), which is absolutely impermissible under any circumstance. If the statement of the questioner is indeed true and based on reality, then in that case, her sister-in-law and mother-in-law are seriously sinful due to their unjust and inappropriate conduct. Moreover, if the khula was obtained through the court against the husband's will, then according to Islamic law, such a khula is not valid, and the marriage remains intact. Consequently, any second marriage in such a situation would also not be valid. In any case, the questioner’s mother-in-law, sister-in-law, and others involved should refrain from this unlawful behavior and allow the innocent children to meet their respective fathers and paternal families. They should also sincerely repent for the sins committed in this matter, seek forgiveness from Allah, and make a firm intention to avoid such actions in the future.

مأخَذُ الفَتوی

کمافى مشكاة المصابيح: عن أبي هريرة رضي الله عنه قال قال: قال رسول الله صلى الله عليه وسلم: " الرحم شجنة من الرحمن. فقال الله: من وصلك وصلته ومن قطعك قطعته ". رواه البخاري اھ(3/ 1377)۔
و في الفتاوى الهندية: الولد متى كان عند أحد الأبوين لا يمنع الآخر عن النظر إليه وعن تعاهده كذا في التتارخانية اھ (1/ 543)۔
و في أحكام القرآن : قال أصحابنا انهما لا يجوز خلعهما إلا بتراضى الزوجين ( إلى قوله) وكيف تجوز الحكمين أن يخالعا بغير رضاه ويخرجا المال عن ملكها (۲/ ۲۹۱)۔