Question ID: 25426
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Assalaamuaikum mufti.please advice me.my husband has been having an affair with my cousin.i was expecting my 2nd child.ive got to know about his affair which started in december2009 when my baby was born(april 2010).im unable to forgive and forget yet im still with him because of the sake of my kids.im hurt and completely alone.he thinks that what he did is a small problem but zina is no minor sin. he walks out on me whenever he feels like and returns as he wishes.my cousins husband is so hurt that he hit my husband.now my husband ranaway to india and threatens me that i must come and give him the kids(girls) if i dont want to say with him.in islam what is the correct ruling about children?who has more rights over the kids?muftisaab im so afraid of him because he threatened to kill me if he has to and take my kids away from me.please advice me according to islamic and south african law.ive read in islamic books that the mother has more rights over kids than fathers.is this true?what is the ruling in islam about maintenence?please reply my ? urgently
jazakallah muftisaab

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Asked on October 10, 2010 12:00 am
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Till puberty you have the Rights after that your husband. He has to maintain you and the children currently because as yet he has not divorced you.
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Answered on October 10, 2010 12:00 am