Rights of child (girl) when parents get divorced

Question ID: 28780

What is the Islamic right of a child(girl) when a couple divorces? Bearing in mind that the child has been taken away by the father without consent and prior to the divorce to another country.?

If the woman is granted an Islamic divorce what right(s) does she as the mother have over this child?

If the mother of the child is granted custody or has custody of the child and is to get married again, what is the role of the man towards the child?
If the woman has custody of this child what are the implications,rules etc governing the relationship between the three parties when the girl reaches puberty?

Can the child accompany the mother and step father to hajj should the occasion arise?

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Asked on April 24, 2008 12:00 am
Private answer
The father has erred by taking away the child prior to divorce or post divorce unless the wife was found Islaamically not capable. She is entitled to care for and bring up the child until puberty. The man is entitled to come for the youth after puberty is reached.
Whilst the child is in the care of the ex-wife than the ex-husband will pay maintenance for the child. The ex-husband is allowed visitation rights, the new husband should maintain the child. If the child is a male than on puberty, the laws of Hijaab apply to no one. If female than the Hijaab is between the child and the new husband.
Yes if male.
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Answered on April 24, 2008 12:00 am