Wants to prevent her ex-husband from seeing his children Fatwa No: 135100
- Fatwa Date:3-5-2010
Asalamualaikum Wa Rahmatullahi Wa Barakatuhu. I'm a single mother of three, my ex-husband does not in anyway contribute financially towards the upkeep of the children. I'm struggling financially with mountains of debt. Due to my daughter's health problems I cannot work. My question is can I stop him seeing the kids until he agrees to support them? I don't want to do anything that is Islamicly wrong for fear Allah's displeasure. I really don't want to stop him seeing the kids because they love what little time they spend with their father, they're having enough problems adjusting to the seperation without me adding this to it. But I'm really at the end of my tether. And if this is not permissable, please advice me on what else I can do for him to take responsibility for his kids. Jazaka'Allah khair.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
First of all, may Allaah reward you for your keenness on observing the rulings of the Sharee’ah and protecting those children from the negative effects that may result from divorce.
We have already issued Fatwa 88233 clarifying that the father is responsible for spending on the children after divorce. Therefore, your ex-husband is obligated to spend on his children and he should be advised and reminded of the saying of the Prophet said: “It is enough a sin for a person not to provide means of sustenance to those whom he is obliged to support.” [Ahmad and Abu Daawood]
Hence, you may appoint some righteous people to advise him to do so and if he refuses, you may take your matter to one of the Islamic Centers in your country.
However, you are not permitted to prevent your ex-husband from seeing his chidden. The jurists stated that the parent who is entitled for the fostering has no right to prevent the other parent from seeing the fostered child. The fact that he does not spend on them, is not a sound reason for preventing him from that.
Finally, we like to draw your attention to the following two matters:
1- If it is possible for you to go back to your ex-husband, then this is better.
2- If you had spent on your children with the intention of asking your ex-husband to reimburse you for this, then you are allowed ask him for that; for more benefit, please refer to Fatwa 85012.
Allaah Knows best.