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Child Custody between Sharia and Law by Dr. Muhammad Alawi Nasser
JOD
Get it by 5 Aug | Order in 3 Hours 16 Minutes
Praise be to Allah, Lord of the worlds, who taught by the pen. Peace and blessings be upon His chosen Prophet, the remover of injustice, and upon his virtuous, selected family and companions, the people of high resolve.
The importance of child custody is rooted in its focus on the child, whose well-being is paramount in determining the health of a society. Virtuous or corrupt behavior is built upon the foundations laid during childhood, shaping an individual's character and life path.
In the earliest years, even from infancy, a child's feelings and emotions are formed. These develop as they leave the cradle and take their first steps, where the world can either inspire hope or lead to despair. These early experiences profoundly impact a child's thinking and stay with them throughout their life.
Herein lies the role of parents. The family home, built on love, understanding, and harmony, is the ideal environment for raising children. No effort can replace the value of a child spending time with loving, understanding parents. It is a grave sin for parents to cause the destruction of their children by breaking up the family. The Messenger of Allah (PBUH) said: "It is enough of a sin for a person to neglect those they are responsible for."
The Prophetic traditions emphasizing the care and proper upbringing of children are numerous, to the point of being obligatory. The Messenger of Allah (PBUH) said: "Whoever has a young boy, let him play with him." He also said: "May Allah have mercy on a servant who helps his child to be righteous by being good to him, showing him affection, teaching him, and disciplining him." And he said to Al-Aqra' ibn Hajin when he was told he had ten children and had never kissed one of them, "What can I do for you if Allah has removed mercy from you?"
It is stated in the Treatise on Rights: "As for the right of your child, you should know that he is from you and is connected to you in the good and evil of this world. You are responsible for what you have been entrusted with, such as good manners, guiding him to his Lord, and assisting him in obedience. You will be rewarded or punished for this. Therefore, act in his matter as one who adorns himself with the positive impact he has on him in this world, and who is excused before his Lord for his good care."