Fatwa ID: 01347

Answered by Mufti Mohammed Tosir Miah

Question:

Asalaam alaikum, my question is regarding child visitation rights. I am divorced from my son's father. I have asked him many times directly and through family members to pay for our son's maintenance and I do not have a problem with him to see him- It’s his right. But despite my several requests I have not received a single penny. But rights come with responsibilities and I feel if he is unwilling to even contribute £30 per week for his only child- then surely he is not responsible enough to be trusted to see him. I live on my own and he has moved back with his parents so really he does not even have financial difficulties compared to mine. I think he's not even interested in our son really and is only requesting to see him to make my life difficult. Can you explain what I should do; I don't want him to take liberties for free. I cannot take him court for money either because he works 'off the record' 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

There are two issues which we will discuss below. The first is whether your ex-husband has a right to visit and see his child and secondly the issue of him not paying the weekly allowance for the child.

Firstly, it is the father’s right to see his child if the child is in the mother’s custody, and he should not be prevented from visiting him. (Al Mughni p.193 v.8)

Secondly, the Shariah dictates that the wife and the children have an irrevocable right to the following three things;

1. Food must be sufficient for her.

2. Clothing – she must have a least two full sets of clothes.

3. Housing- she must at least have a room, which ensures her privacy.

(Al- Ikhtiyar p.229 v.4)

The conclusion to your question is that even though the father of your child is falling short and is being negligent in fulfilling the rights of his child, it does not mean that the son should forsake him and ignore him, or that we should prevent the father to visit him, because irrespective of the father’s shortcomings, he still has a right over his child and also the child is obliged to respect and honour him.

Finally, regarding his unwillingness to pay for his child, try to contact someone who your ex-husband listens to or respects like the local Imam and see whether he will be able to speak to your ex-husband and come to some sort of an agreement. If he fails to pay, then remember he will be questioned and held responsible for not fulfilling the rights of his child in a court which is more supreme and greater than any courts of the world, and that is the Court of Allah .

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.