THE 18TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2015 22 - 23 APRIL 2015 / 3 - 4 REJAB 1436H
CUSTODY RIGHTS OF CHILDREN FOR PARENTS OF DIFFERENT RELIGIONS
For non-Muslim couples where one of them embraces Islam, the right of custody is not assessed based on the religion of the mother or father. Instead, it is entrusted to whoever is better able to guarantee the welfare of the child from the perspective of moral development, emotional wellbeing and upbringing (syafaqah). At the same time, the Muslim mother or father bears the responsibility of introducing Islam to the child. The details are as follows:
1. Children Under Breastfeeding Period • If the child is still under the mother's bodily breastfeeding, then the right of custody is entrusted to the mother. • If the child is not breastfed by the mother, then the right of custody is entrusted to whoever is better able to provide syafaqah, which may be referred to the background of both parties and the child's choice.
2. Children Beyond Breastfeeding Period • If the child has passed the breastfeeding period but is not yet mumayyiz, then the right of custody is entrusted to whoever is better able to provide syafaqah, which may be referred to the background of both parties. • If the child has reached mumayyiz, then he has the right to make his choice, unless it can be proven that his choice will bring harm to his worldly life.
3. Responsibility of Introducing Islam The Muslim mother or father is obligated and has the right to introduce Islam to their child even though he or she does not obtain the right of custody. Thus, the opportunity to introduce Islam to the child must be given to him or her.
