Channel: Faith IQ
When a couple gets divorced, it is mentioned that if the woman remarries another man, any children that the couple had goes to the man. Is this true? Is this ruling applicable to all scenarios?
Shaykh Yasir Qadhi clarifies.
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In the case of divorce, why do children go to the men if the mother remarried and other men
these types of situations and scenarios must be dealt with on a case by case basis. It is true that most of our scholars say that if a divorced lady who has children then remarries another man, that the children should not be given to the Father. But this is a generic ruling, each case has to be divided decided on a case by case individual basis, and therefore, really, these types of things should not be taken and extrapolated to any scenario. Each scenario is different. And the goal is to protect the children. So in some societies and cultures, a stepfather would be unnecessarily cruel. A stepfather would be mean and nasty, and perhaps would you know, abuse the children physically or
whatnot. And so in this case, it is said that the father would have more interest and more maintenance and more love for the child. But maybe that's not going to be the case. Maybe in another scenario the Father has left the children are not loving and caring, and in this particular case, the stepfather is a better alternative. The point is that don't read a book of fifths and then apply it specifically to a case that's the job of a scholar. Our job is to to take these questions and scenarios to qualified people. And it is very possible that specific situations will be different than what you have set