#24 Fiqh of Family – Chapter on Physical Custody

Hatem al-Haj

Channel: Hatem al-Haj

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Hello So summers that allowed me

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to proceed.

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Today inshallah we will have

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three sessions, and so on. I'll try to finish in time but if we did not finish in time we may take a few minutes over time so that we can finish the Sackler family. These are the last three chapters and the Sackler family. We will finish the whole section of the family today inshallah, the first session will be on Verbal havanna which is a chapter on physical custody. The second session will be on Babylon, Africa Caribbean League, that is a chapter on the maintenance of relatives and slaves. And the third would be on Babylon eema which is the chapter on the wedding banquet or walima you know it as well. So, these are the three sessions that we will go over today we'll start with the

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Havana the chapter on physical custody and MLM Kodama rocknrolla,

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who died in the year 620 after Hydra seven his book on that effect, which is a very manual effect, Hakuna CV Havana t Lee from Yahoo, some Omaha Omaha to her when Allah Abu

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Abu sama how to do some how to submit two minute and 22 minute

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two minute on some man holla

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some Milan some

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milanesa some House about two o'clock to four o'clock

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the most deserving of the physical custody of a child is the mother

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then her mother's however high like however many generations up then the father than his mother's than the grandfather than his mother's then the full sister then paternal half sister, the paternal half sister than the maternal half sister, then the maternal and then the paternal and then the closest related women and then the closest of his paternal kin.

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Just before I go into any details, here, I would like to point out that in the authorized the view of the Hammadi method,

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kin, which are related through the womb

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or ham, they can be for the state and after his paternal kin. So, there is one that is not mentioned at the end of this, which is our ham has basically maternal kin, maternal maternal kin or or you know,

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not necessarily material of kin, but anyone that is related to him through the womb

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will be after a loss of a loss of our the paternal kin that will inherit from him through Tassie

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as we explained before in the chapters on inheritance, so, just to let you know, before he goes to the state,

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there will be that without harm here will have precedence over the state. One other thing that I wanted to mention in the authorized view of the homebody method as well, the he says here, then the full sister, then the paternal half sister than the material and half sister. So he put the paternal half sister here, which is his sister, through his father on the

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before the material half sister, which is his sister through his mother only in the authorized review of the honeyberry mouth hub. Like I said, it was later you know, it's the established view according to the latter generations.

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The maternal half sister takes precedence over the paternal half sister, the material passes through, which is the sister through his mother only takes precedence over the paternal half sister, which is the sister through his father only, and certainly the full sister takes precedence over both

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in deserving custody.

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Now,

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is custody the right of the child or the right of the custodian? custody is primarily mainly predominantly the right of the child, not the custodian. Therefore,

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therefore, the custodian at least then it must have not in the Maliki, but according to the majority and that's the position of somebody Metalab. The custodian cannot

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Give up custody in exchange for hula

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like the woman cannot give up her custody in exchange for hula

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Why? Because it is not her right to begin with it is the right of the child. So, she cannot basically traded for Hola.

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So, and then it is also true that Havana if the mother for instance of the child does not have any one hand will be sort of lost if the mother does not take over she will be forced to take him. So, if it is heaven, right, she will not be forced because you could give up your right but it is the right of the child. Therefore, it is her obligation if there is no one else to take care of the child.

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Okay, so

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he started here by adhan Habana in general, which has custody the reason why, as you may read in the introduction, I call this physical custody and I did not call it custody because what we are given to the mother here has not it will

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because the father will not be canceled when you know, he's still the Father. So he has the wilaya alarm and with a alarm, which is the general sort of custody armor means general and will I would be would be custody if you may call it custody. In the sense of this is called the winner Allah knifes meaning

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that he is still ultimately responsible for that child. The father is still ultimately responsible for that child. If that child was a woman for like a girl, for instance, then who's going to marry her off the father still?

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Who's responsible for sustenance of that child, the father. And then you have it with Isaiah L. Melia, which is the financial custody. Still it is the fathers. It is the fathers in the sense in what sense of that child to have money, inherited money, that child who was wealthy, inherited money,

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who's in control of that money to preserve it and invested for the child, it is still the Father. So when we talk about Havana, we're not saying to the Father, you're not here. We're just saying that the child will be physically with his mother. The father is still responsible for the child financially. The father still has wilaya General wilaya.

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wallet.

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And he has this when I MLA or financial sort of

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control of the

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assets of the of the child or the wealth of the child or the child has wealth.

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So this was important. Now the Habana is between the two parents and no one can take it from them.

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Except in dire circumstances if they were deemed completely unfit. And that will be the right of who it's the right the right of the state, the right of the state to take the child from the parents if they were deemed completely unfit.

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Can some parents be completely unfit? Yes, you know, they are drug addicts, they they neglect to the child or they abused the child. Does this happen in in real life? Yes, it does. So, but it has to be dire circumstances because really, the two people that are most entitled to the custody of the child are the parents of the art together and they are not disputing. No one should take the child from them unless the child's life is in danger the by there have used and or negligence have used and or negligence. Now, if the parents

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if the parents do not dispute the separate but they don't dispute over the child and hakuba in a home, what does that mean? It is between them. So the state would have no business here even if they separate but they don't dispute

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So they can among themselves, the side where the child goes, certainly the state will interfere or intervene when the child goes to a place that is endangering their safety or their well being.

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So that is Havana in general and Islam seeks as much as Islam seeks to affirm, you know, lineage for every child, Islam also seeks to provide each child with

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care, and the state will be ultimately responsible, that's the safety net, all of this order that we talked about, now, the safety net at the end will be the state, the judge will determine. Therefore, it is in the capacity of the judge to basically change the order, if he deems one person more fit, to take care of the child than another person or one person's unfit to take care of the child that the judge can

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reverse the order

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or ignore the order in this case, because ultimately, the hedonic is for the child, it is the right of the child, the interest of the child is the main concern, that we have, when we determine hedonic. Now, having said that, having said that,

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this order now, this order now, isn't set in stone, is this order set in stone,

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in terms of,

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he says, Here, the mother than the hair mothers, however high,

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which is means However, many generations up, then the father than his mother's than the grandfather, anyway, no, it is not there, so much disagreement among them as I have about this order, what is the one thing that is set in stone?

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Mother. So,

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the priority of the mother is monsoon. Allah He is basically explicitly stated by the prophet sallallahu sallam, and the Hadith is a known hobbies where the Prophet sallallahu Sallam said, anti hobby he Madame tanky. So when a woman came to the Prophet sallallahu sallam, and she was a good lawyer, and she said to the Prophet salallahu, Salam in napanee, however, can about Neela, who we are with a de la who cerca de la who who are worried about who we are who the woman named Carla, and to have to be Madame Tanguay, the son of mine, my womb was a vessel for him. And my breasts were his water, his skin, and my lap was a cradle for him. And now his father claims that he will take him

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from me, and the Prophet sallallahu Sallam said to her, you have more right?

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As long as you don't get married,

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man, I'm thinking

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until you get married, or as long as you do not get married.

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Now, this hobbies, and we will come back to this, when we talk about when she gets married, what happens when she gets married, we will return to this hadith and talk about it. Talk about its authenticity and its implications. But aside from the mother, because, you know, the prophet said to her, you have more right to him or you're more entitled, your priority.

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The order after this is very controversial among the mazahub. But one thing that we can basically glean from their disagreement is that they are favoring women over men

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in physical custody.

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The order basically favors women over men, and it favors even women that comes through women or that are related to you lunar beans, that are related to the child through women, over women that are related to the child through men. So, they would prefer the maternal and over the paternal hand like you see here, they are preferring the maternal and over the paternal and the Prophet sallallahu Sallam said, and harder to weleda were harder to women selected on the material and is like a mother

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is like, mother. Okay.

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Can I try it?

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Skip anything, let me know. Whoever is following footnotes.

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Now then the chef starts to talk about the conditions of Havana the conditions of a Havana and he says, what a Havana terapeak What are fast? What am rotten tomatoes on the agenda be in a minute enzootic millennial men whom whom may not have the right physical custody does not belong to a slave fasttech one who sins openly and repeatedly or a woman

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married to a man who's foreign, ie not a Muslim, to the child, once the hindrance is to the right of physical custody are removed their entitlement to it returns, like once the slave is freed, their their entitlement to Havana returns once the fastest straightens up you know and acts

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righteous. Then the right to Havana returns once the woman gets unmarried her right to her Madonna returns because it is

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it is not a droppable right. It is a perpetual right, at least in the Hanbury method, you know in the Maliki Muslim if you don't ask for the Madonna for some time, you're right can drop but

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in the Hanbury Mazda and according to the majority as well the do more as well it's a perpetual right with a jet did like you know every day in the morning you have that right. If yesterday you

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were hindered from it or from demanding yet because of a manner a hindrance and today that matter has removed is no longer there the right is that Hakuna Matata

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okay. So, he mentioned here three hindrances, what are the three hindrances, so hindrances.

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He mentioned slavery

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and why is this because

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it you know someone who is not in control, if they have their own time of their life of their own life

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they have a master he may not be there for the child to take care of the child.

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But as Matt says, if the slave is

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slave on some days another slave on on other days, then they will have the right to that custody on their free days on their free days.

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Okay, and then he said fast IP

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and why is a fast definite

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for obvious reasons. And that is according to the former head, the festival does not have a right to Havana because of the harm that can be for the child.

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But which type of first as of now, Dean and others in the Hanafi state explicitly and it is likely the understanding also,

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it is the common sense understanding it is not necessary, it is the type of fiscal likely likely but you know, most of the books do not actually

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say that, but it is likely the type of fish that would cause harm to the child like drug addicts, like prostitutes, like the types of fish that will cause harm to the well being of the child. But it is not just any type of risk that may not cause harm to the child. So it is not all fixed. It is physically that will cause harm to the child examples, drug addicts, prostitutes, stuff like that.

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Now, which the third one that he mentioned here, a woman that is married.

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And remind me to go back to this one. Remind me to go back and discuss this one, after I finished discussing the hindrances that the management of Kodama did not mention here, and they are considered in the Hanbury method who answer does not get the right to custody 4567 So, what about insanity?

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Here, if the you know what do you give custody

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To someone who is insane. No. Yeah. And that is by the agreement of the form of

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what about incapacity? Would you give this to someone who is like the site blind? I'm sorry, this law. Sometimes it is, as you know, law is law. It has to be like, blunt, sometimes.

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Yes.

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Is there a concept of a person being insane for a period of time and then coming back to sanity? Yes. The concept of the person who's in and out of insanity, they say, you know, there is controversy here, whether it is like the slave that is free on Sundays, and you would give them the but the majority of the scholars would not give it to the one who's in and out of insanity. Lima yo cebuana Hello. He, because of the terror that may befall the child, when their custodian becomes insane, you know, because that is unexpected unpredicted. When you will become insane. You become free on certain days. And even if you are not free, like if you if it is your day, that is not

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you're not free. You could still take care of the child until you figure out someone ever make an arrangement. But if you if insanity befalls you, who's going to take care of the child and the terror that would befall the child with also. So insanity is incapacity, incapacity, like, you know someone who is blind. Well, the magic is on one hand, Belize and Maliki's the seven oh,

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and the Hanafi xantia easily said yes, you could give it to someone of their blind. If they know if they can figure it out. It's up to them. it's their responsibility. If they can figure out how to take care of the child, then you could give it to someone who's blind. So this is this is a plus h plus m plus S. This is a plus m only incapacity. Now what about contagious diseases?

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Would you give it to someone who has a contagious disease?

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Okay, so ham bellies, and Malik is also sad now and the others ideas, because the others, like they would reason that if you have a contagious disease, you can find someone else to take care of the child, you may not be sorry to touch them. But they were during their time. Keep in mind, why are they Why are they saying this? Because during their time contagious, they were no antibiotics. So it's not like you have a contagious disease. Like you have leprosy you have something it can be devastating for the child to catch it from you.

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So, that is why they mentioned this. What about the last one? Which is this belief?

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This belief, what do you give it to a disbeliever? The Havana to a disbeliever. Okay, now

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Okay. Are we talking about mother that the mother here is that this believer or a nun mother?

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If we are talking about a nun mother, when all of them said no. And that would be ah.

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As all of them said, No, you don't give it to a disbelieving Ganon mother.

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What about at this believe in the mother. And keep in mind that this is this is the law according to the former. When Muslims are a minority, you will go to court Islam does not have jurisdiction outside of the land of Islam. When you go to court, whatever the court will decide, is going to be what what is executable what is enforceable, none of this is enforceable nowadays, therefore, when you get married, you want to keep that in consideration that your children may be taken away from you. And they may be raised in a in a different religion. So anyway,

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but the they were talking about this, when sort of

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it's an Islamic jurisdiction. What about the mother who's not a believer? For the mother who was not the believer is the honeyberries. And chef, he said no, she does not get hung up on the HANA fees and medic, he said, Yes, she gets so hard on custody. Why did the HANA fees and Maliki's

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Why did the ham bellies and Shafi say no, for the obvious reason, because they fear for the Dean of the child. If we are afraid for contagious diseases and all of that stuff, we should fear for the DNA of the child that of the child grew up in a non Muslim household, that child would likely grew up non Muslim.

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And since we believe that Islam is the last Testament is the last communication from God is God's chosen religion for humanity, then, in the best interest of the child, we want to give them Islam more than we want to give them water?

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That would be an obvious thing, because water is good for their worthy well being Islam is good for their well being in the hereafter. So that is the point of view of the 100 bodies and the Jaffa is, why did the Han Han Chinese and Maliki's? How do these Americans have the same concern about the child's religious well being, but they figured we still can handle it? You know, if the father would be taking care of the child, taking them to the Khattab taking them in the morning? because keep in mind that this Habana did not mean that the Father is not involved is not in the child's life. The father was taking the child every day in the morning to teach them a profession to take them to the

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to look after the you know, and and things of that nature. So that Habana was

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nighttime, from sunset, you know, but during the day, the father was would stop by he lived in villages. And that will come to discuss this a little later, but they lived in villages, the father would stop by taking the child to the Khattab bring the child back before sunset, to his mother,

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and so on. Nowadays, these arrangements are that we will have to figure out the arrangements that would work nowadays, you know, what, weekdays, weekends, whatever that would work, but that's how it used to happen. So that kind of ease and medic ease. It's not like they were not concerned, they were concerned about the child's religious well being. But they said that the compassion of the mother is basically

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sort of like

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a replicable like, if the compassion of the mother, he no one will be compassionate towards the child like their mother, whether she is a believer or not an unbeliever

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regardless of her religion, she will be most compassionate to the child and the child in the first years of their life. They need that compassion, they need that sort of emotional nurturing, that the mother can provide better than anyone else. Therefore, therefore, the embellies, for instance, would say that the mother would be deserving this Habana even if she asked for compensation, when there is a volunteer that's not asking for a compensation, like his paternal and metal who, for instance, is volunteering to take care of the child without compensation. The mother says, No,

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I want compensation. I want the child and I want to be paid. We will give it to the mother with that is asking for compensation and not the end that is not asking for compensation, and will force the father to pay the compensation

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because of that sort of

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compassion that she has. Now the Hanafi is and Matic is they in addition to reasoning, you know about compassion and all of that stuff. They also reported and this is very important, say from Mohammed bin Salman Ansari, that he said that his grandfather came to the Prophet sallallahu alayhi wa sallam

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and they had had a child he had converted to Islam.

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His grandfather converted to Islam, as grandmother did not convert. They brought their child to the Prophet sallallahu Sallam their boy to the Prophet sallallahu sallam, and then they

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basically the speeder over the child was a prophet sallallahu Sallam the grandfather is the one who brought him to the Prophet sallallahu sallam. So the prophets alongside them, what did he do? He had the child set between his father and mother, and he gave the child the choice. Meanwhile, the prophet was making the law for him to choose his father, the Muslim father.

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And then the child chose his father and his father took him. Now the ham bunnies and shafa is that the Prophet knew that his law will be sorted

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The answer, therefore, he was not actually

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given him the choice, the hand of his and medic, he said know that, you know that obviously he was given him the choice. And had it been haram for the child to be given to his non believing mother, the Prophet sallallahu Sallam would have not given him the choice. And maybe he would have just not given him the choice, he would have said, the child goes to the Muslim father, since the child the prophets of Salaam gave him the choice. The fact that that promises are made, that's a whole different story. And the profit on Southern made the door for the child to be guided by God. And then he chose, the child chose his father.

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So keep that in mind. I believe that this is actually a good evidence

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for the HANA fees and Maliki's and that is the position that amser chose in his family code, which is, you know,

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great work that took a love effort to 30 scholars through review with

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So, Muslims in the US and in the West should make use of it, Amgen family code, so, that is what

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we the position that we chose in an unjust family code,

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the Hanafi and Maliki opposition. So, the non believing mother is more deserving. Now, I told you after a finish remind me to come back here What about the mother who gets married what happens with a mother who gets married

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Okay, so, the mother who gets married

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all form as I have was taking the child from her if she got married to and none maharam of the child to a non Muharram of the child.

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The Hana fees if she got married to

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to an unmanageable maharam and unmanageable relative that is a Muharram of the child we'll give it where keep it was a mother

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the hand berries are the same thing if she got married to a Muslim they will give it to the child as he says here

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was a water the agenda being married to

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someone who's foreign to the child

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now

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this

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okay

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we said those were to get a gift for keep the child with her money keys and sapphires will not keep the child with her. Okay, so who said that she keeps the child

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virus? Why did the virus say that she would keep the child married to anyone she would still keep the child

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How could a man who has who is

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like very knowledgeable of the Hadith and reports he based his method on reports How could he ignore the poor Antioch OBE Madam tenki. You are more deserving of him

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until you get married until you get married. It is because of my husband did not believe this report was authentic. Because this particular report Auntie Huckabee madam Thank

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you are more entitled to him until you get married, as reported from American Shai Barnaby. And this is reported from Hammer of nasai from his father, from his grandfather, and who is his grandfather? So he's who's What is his name? His name is Adam. m Shai

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m, Muhammed m

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m, m, m, alas.

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Okay. So

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who is this a hobby here?

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This is a hobby and of the law,

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actually, of the lies the one that we want here, because he's the one who's reporting from the profits of the law sellers. So you have someone like Ignagni, for instance, who used to consider this or not, like, not a strong chain or a weak chain.

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Why? Because he believed that when it says,

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I'm gonna finish right behind me under the from Home ribbon tribe, from his father, from his grandfather, that it says,

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from his father, his father would be shy from his grandfather, it would be Mohammed. And if it is Mohammed, Mohammed did not hear from sola from the Prophet sallallahu sallam. So this hadith would be more decisive.

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And Amina Shyvana V and V for instance, would say that when it says from his father from his grandfather, that is not the grandfather of armor, that is the grandfather of shrine, which is Abdullah Hammer of no loss. So, shall I be here, who is reporting from his grandfather of the lab non revenue loss, now did show I see of the lab navajas the report that he grew up,

00:36:22--> 00:36:57

he headed that he grew up as a child with 11 ometer loss and his lab which was at work and for you know, with him, you know, in his in his household in his household, so so I did actually see up the laburnum and reports from our beloved mom used to travel without the labneh arm so we can accept tribes reports from him that I've known, anyway, this is a stellar controversial chain, one of the most common popular and you like this, the people had these, they liked to talk about a lot particularly in the beginning.

00:36:59--> 00:37:31

So, but, but one of the controversial chains even has made it not accepted. Therefore, Antioquia Mountain King, he did not accept it, he based his prioritization of the mother on other reports and other generalities, other generalities and who else has been reported to keep it with the mother It has been reported for mathematics in our fan and it has an advisory and they you know,

00:37:33--> 00:37:35

and then upheld by Evan has.

00:37:38--> 00:37:53

Now, all of them say that if the child has Mark tool, he stays with the mother even if she gets married. And we and and in the family code we added if it is in the best interest of the child due to disease or due to

00:37:55--> 00:38:13

whatever psychological psychiatric physical issues that the child would stay with a mother despite her marriage, and that would be consistent with with what they said when when they talked about the child who is martu meaning

00:38:16--> 00:38:18

you know, some like mentally impaired

00:38:20--> 00:38:22

to be with his mother.

00:38:23--> 00:38:26

And as I said, the judge will determine

00:38:38--> 00:38:39

someone Mary's mother.

00:38:41--> 00:39:02

Yeah, and non marriageable before they got married to the mother because anyone, any stepfather is non marriageable, but we're talking about someone before the marriage they were related to the child in a way to make them unmanageable where according to some just related to the child just related to the child.

00:39:04--> 00:39:05

Possibly.

00:39:08--> 00:39:08

Yeah.

00:39:10--> 00:39:39

Then the shear prevents that way, the Bellegarde podemos Sabatini who year avena Ababa he can attend them and after all of that, we're talking about the time of disputation, if there is no dispute and give between them and hopefully people would basically be sensible and not, you know, this field a lot over these issues and try to get along and make good use of their lives and instead of living in just

00:39:42--> 00:39:43

quarterly Indian

00:39:45--> 00:39:46

ways.

00:39:49--> 00:40:00

Dominica Rahman Omar Daria savant Abu hakuba. When the boy reaches the age of seven years, he has given the choice between his parents and then he

00:40:00--> 00:40:08

You will be with whomever he chooses. When the girl reaches the age of seven years, her father is more deserving of her.

00:40:10--> 00:40:13

Okay. So half the age of

00:40:16--> 00:40:19

the boy he will be desire what the boy will choose at age seven.

00:40:21--> 00:41:13

And he can basically keep on going back and forth between them every time he says, Now I want to go back there, he based on the Hanbury Meza, he will be given that right to change his mind and did not even put a seed in Ghana, how often he will change his mind. But anytime he wants to switch, he will be given the right to switch from age seven. Why did they say that the girl who was staying with her father, because, you know, well in their environment, the father is more protective. And therefore, it is better for future prospects for the girl for her marriage, and to be people to come to her father for her to you know, to sort of ask for her hand from her father.

00:41:14--> 00:41:29

That would be better for future prospects, the future prospects of the girl now, but that is not a matter of agreement between the form of the shaft is gives us right of choosing to the boy and the girl.

00:41:30--> 00:41:42

The Safa is gave the right of choosing to the boy and the girl. The Maliki's said that the boy will be with his mother until puberty, not seven.

00:41:43--> 00:41:53

And the girl will be with it with her mother until marriage. So she would never go to the Father. So it's from the mother to the husband.

00:41:55--> 00:42:05

That's the Maliki's and the HANA fees, set seven and nine, seven for the boy with his mother until seven,

00:42:06--> 00:42:52

nine for the girl and there are inter like interim of happy disagreements, but these are the popular positions within each one of the mazahub. So honeyberries seven, and 10 seven for the boy and then he chooses for the girl she would go back at seven to her father, she would go to her father at seven. The shafa is both boys and girls will be with their mother until they become discerning and then they get to choose for the Maliki's. The boy stays with the mother until puberty the girl until marriage for the HANA fees the boy stays with the mother and then seven and then goes to the Father not given the choice goes to the Father and the girl until nine and then goes to the Father.

00:42:53--> 00:43:18

Okay, so that's the summary of this. And then the sheikh said while at Abbey Enya started the audio that he had already what are the big mystery have takuna hochkar be even higher on qanat Habad is out Alma de la cotton for lm yaku Abbott what a man for our 30 algebra die. Cody

00:43:19--> 00:43:20

Emirati men who

00:43:21--> 00:44:11

the father must provide a witness for his child unless the mother wants to feed him or her with the customary wages of someone like her, in which case she becomes a more deserving of him than all others. Even if she's asking for compensation, that is a compensation for what breastfeeding, which is separate from the compensation of what custody, okay, the compensation of breastfeeding, she can demand it whether or not she's still married to the father of the child. whether or not she is still married to the father of the child, she can ask for compensation for breastfeeding. And all of this is economic empowerment of women at a time where women actually were not economically empowered.

00:44:12--> 00:44:44

And then after breastfeeding, when it comes to compensation for custody, she has deserving of it only if she's divorced, because if she's married, she's deserving of maintenance because she's a wife. But if she's divorced, then she would be deserving of compensation for custody, and she would be deserving of the child to breastfeed and to provide custody for the child even if she is demanding compensation for that.

00:44:45--> 00:44:58

So this is true whether she is still married to the child's father or divorce. That's when it comes to the compensation for breastfeeding. For me. A man found out that he has Rohde Academy Rafi him, men who if the child has no

00:45:01--> 00:45:13

Did we read this, the child has no further wealth than it is binding on his or her heirs to provide the compensation for the witness in proportion to their shares of inheritance from him.

00:45:16--> 00:45:30

Okay, so, so now the issue of who's responsible for compensation for breastfeeding, but because it's part of Madonna, and then in the next chapter, we will talk about the sustenance of the child in general,

00:45:32--> 00:45:36

and so on, but who's responsible for breastfeeding is the Father.

00:45:39--> 00:45:40

And then

00:45:42--> 00:45:43

what what I thought you were gonna

00:45:45--> 00:45:53

do tomorrow, da, da, da, da, da, da, da, da, da, da, da, da, da, da, da, what are the wild?

00:45:54--> 00:45:57

Wild West is the Mr. Nick, who is

00:45:59--> 00:46:20

after the Father who is then responsible, while and very sinister Daddy, and upon the air is at UT, like that. So in this verse in Surah, Baqarah, Allah subhanaw taala says that the Father will be responsible for responding, because what will happen tomorrow, that's the sustenance of the mothers

00:46:21--> 00:46:24

while they're breastfeeding, and then

00:46:26--> 00:46:40

he's the last one that I said, while already synthetic and upon the air and beauty seminar to this which air the heirs of the child, the heirs of the child, and that is why the hand of his or her buddies will come when it's when it comes to the

00:46:42--> 00:46:55

sustenance of relatives, they use this particular verse. Now, how do they, how are they responsible the heirs of the child See, if the father is is their

00:46:57--> 00:46:58

father is present,

00:47:02--> 00:47:30

he has solely responsible solely responsible, if the father is not present, then the heirs of the child will be responsible in proportion to their shares. So if the father is not there, and we have a paternal grandfather and a mother, and both of them are solvent capable of spending, who's responsible for what

00:47:31--> 00:47:40

the mother would be responsible for one third, the grandfather would be responsible for the rest, because the grandfather would inherit by what

00:47:42--> 00:48:03

you see, so or possible. So, then, the mother wouldn't be give her one third and the grandfather would get the rest. So, that is how they are responsible to spend on the child. So it is always the sort of corresponding rights and duties

00:48:11--> 00:48:11

No,

00:48:13--> 00:48:13

yeah.

00:48:15--> 00:48:18

So it will stop after the us about

00:48:19--> 00:48:31

the father is present solely responsible the father is not to present that it will be the responsibility of the heirs according to their shares of inheritance

00:48:32--> 00:48:34

according to their shares of inheritance.

00:48:36--> 00:48:38

Are there other rights

00:48:43--> 00:48:51

that they are responsible for in addition to the alternative, alternative law or the compensation for breastfeeding?

00:48:53--> 00:48:55

Yes, they would there would be what is it?

00:48:58--> 00:49:15

odorata hedonic compensation for Habana itself custody. So the mother can ask for both compensations, breastfeeding and compensation for custody and get she can ask for compensation for custody according according to

00:49:21--> 00:49:29

the majority on bodies herpes and sapphires who said she cannot if she has money.

00:49:30--> 00:49:39

Medic Malik gave her the right spend on herself from the child's money. If she is poor and the child has money.

00:49:41--> 00:49:46

But if she has money she does not deserve according to Matic

00:49:48--> 00:49:59

the compensation for custody. Why he said she is another I mean she is. I mean if she is well off and she has a mother. She's responsible for the

00:50:00--> 00:50:12

custody of the child, but they gave her the right to ask for custody, regardless of her solvency or insolvency,

00:50:13--> 00:50:28

honeyberries hana fees and Sharpies. And the Hanbury stated that she would still be more deserving, even while asking for compensation than someone who is not asking for compensation.

00:50:30--> 00:50:37

And that brings us to the end of the chapter on physical custody. You will have also some

00:50:38--> 00:51:30

I mentioned some articles from the Amazon family code about the issue of custody, because sometimes there will need to be some adaptation, adjustment to different circumstances and the custody is in the best interest of the child. So a panel of arbitrators, a panel of arbitrators will sit down and determine what is in the best interest of the child. This could sometimes mean keeping the child with their married mother. This sometimes could mean taking the child from the more deserving in the order provided by the scholars to the less deserving if the panel of arbitrators the met in the best interest of the child custody is all about the interests of the coding.

00:51:31--> 00:51:34

Shake was the difference between the maintenance of the child and the car