{"id":8529,"date":"2016-07-25T17:30:24","date_gmt":"2016-07-25T17:30:24","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=8529"},"modified":"2016-07-25T17:30:43","modified_gmt":"2016-07-25T17:30:43","slug":"mother-refusing-the-fathers-right-to-see-and-visit-the-child","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/mother-refusing-the-fathers-right-to-see-and-visit-the-child\/","title":{"rendered":"Mother refusing the father\u2019s right to see and visit the child"},"content":{"rendered":"

\n\tFatwa ID: 01958<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti <\/strong>Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tMy question is if a couple has been separated for 11 months but not divorced are they still classed as husband and wife also they have a child together he is a boy age is 1 1\/2 years the mother refuses to let him see the child and the father is so depressed and sad that he cant take the pain any longer he has done so much sabar what should he do <\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tIn the aforementioned scenario divorce will not occur. <\/strong>As long as the husband does not issue the divorce to his wife verbally or in writing, the couple will remain husband and wife.<\/span><\/span><\/span>\n<\/p>\n

\n\tIt is mentioned in Durrul Mukhtar:<\/span><\/span><\/span>\n<\/p>\n

\n\t “The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)<\/span><\/span><\/span>\n<\/p>\n

\n\tIt is the father’s right to see his child if the child is in the mother’s custody, and that he should not be prevented from visiting him. (Al Mughni p.193 v.8)<\/span><\/span><\/span>\n<\/p>\n

\n\tWhen Allah \"sub\u1e25\u0101nahu inflicts any hardships or calamity upon anyone, the purpose for this is to either test his true servants as Allah \"sub\u1e25\u0101nahu in the Holy Quran has said,<\/span><\/span><\/span>\n<\/p>\n

\n\t“Be sure we shall test you with something of fear, and hunger and some loss of wealth and lives and fruits and glad tidings to those that bear patience”.  (Suarh Baqarah v.156)<\/span><\/span><\/span>\n<\/p>\n

\n\tSometimes it so happens for it to be a lesson for the people coming after not to commit that deed again as Allah \"sub\u1e25\u0101nahu states in the Holy Quran:<\/span><\/span><\/span>\n<\/p>\n

\n\t“And indeed before you we sent (Messengers) too many nations so we seized them with suffering and adversity so that they may fall into humility.”  (Surah Anaam v.42)<\/span><\/span><\/span>\n<\/p>\n

\n\tOr these tests can be a means of purification for the pious people.  The Prophet of Allah \"\u1e63allall\u0101hu has said when a persons sins increases and nothing remains to remove it then Allah \"sub\u1e25\u0101nahu inflicts this person with such sorrow which expiates his sins.  (Tafsir Ibn Kathir)<\/span><\/span><\/span>\n<\/p>\n

\n\tSaaiduna Anas \"ra\u1e0dyAll\u0101hu narrates that the Prophet of Allah \"\u1e63allall\u0101hu said, “Whenever Allah intends to do good to a servant, He hastens to punish him in this world. And whenever Allah intends evil for a servant, He postpones the punishment until the Day of Judgement.” (Sunan Tirmizi p.65 v.2)<\/span><\/span><\/span>\n<\/p>\n

\n\tThe meaning of this hadith is that he is punished by being inflicted with afflictions and difficulties due to the sins he has committed, due to which he is cleansed from them all, and in the Hereafter he has no sins to account for. (Duruus Tirmizi p.265 v.4)<\/span><\/span><\/span>\n<\/p>\n

\n\tLikewise, in another hadith the Prophet of Allah \"\u1e63allall\u0101hu said, “Whenever Allah loves a people, He sends affliction upon them. So whoever is patient is one of the patient-ones, and whoever resents it, is one of those who resent.” (Musnad Ahmad p.427 v.5)<\/span><\/span><\/span>\n<\/p>\n

\n\tThere are many virtues of Sabr.<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tThe Prophet of Allah \"\u1e63allall\u0101hu said, “Sabr is light.” (Sahih Muslim p.118 v.1)  <\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tSaaiduna Abu Saeed Al Khudri \"ra\u1e0dyAll\u0101hu narrates that the Prophet of Allah \"\u1e63allall\u0101hu said, “No one has been given anything more excellent and more comprehensive than sabr.” (Sahih Bukhari)<\/span><\/span><\/span>\n\t<\/li>\n
  3. \n\t\tSaaiduna Ali \"ra\u1e0dyAll\u0101hu said, “Indeed sabr is from Imaan (faith). Its position is like that of the head with respect to the rest of the body.” Then he raised his voice and said, “Verily, there is no Imaan (faith) for the one who has no sabr.” (Imam Baihaqi in his Shuabul Imaan)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tThere are two things required for patience. One is to be happy with Allah’s decree. Allah \"sub\u1e25\u0101nahu is “Hakeem” and whatever he decides there is good in that. Thus, we should do sabr on what Allah \"sub\u1e25\u0101nahu has decreed for us. The scholars have mentioned that sabr is of three kinds:<\/span><\/span><\/span>\n<\/p>\n

      \n
    1. \n\t\tSabr whilst fulfillingthe orders of Allah.<\/span><\/span><\/span>\n\t<\/li>\n
    2. \n\t\tSabr whilst (abandoning and keeping away) from the prohibitions of Allah.<\/span><\/span><\/span>\n\t<\/li>\n
    3. \n\t\tSabr with the Decree of Allah with respect to afflictions and difficulties. (Maariful Qur’an p.401 v.1)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

      \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

      \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

      \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

      Fatwa ID: 01958 Answered by Mufti Mohammed Tosir Miah Question: My question is if a couple has been separated for 11 months but not divorced are…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8529"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=8529"}],"version-history":[{"count":1,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8529\/revisions"}],"predecessor-version":[{"id":8530,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8529\/revisions\/8530"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=8529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=8529"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=8529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}