Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterAfter divorce the father neglects or abandons his children
Question
If a husband after the divorce neglects his entire obligation towards his child including not paying the Nafqah or he totally disappear from their life although he is still alive, can he still be considered as the guardian of the child? Or can that right be taken away from him? And should he be called to be the Waali of his daughter's marriage, is he still qualified to be her Waali?
What are actually the actual obligations of a father as the natural guardian of his child and what are the matters that make him loose such rights?
There are many irresponsible fathers these days, so how do we settle this problem as their disappearance sometimes create difficulty to the mother.
I hope you can answer this question as soon as possible.
Answer
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
No doubt, a child has rights on his father even after he divorces his mother. Spending on one's child is among the due rights. Allaah Says (which means): {Upon the father is their [i.e. the mothers’] provision and their clothing according to what is acceptable.}[Quran 2:233].
However, if a father neglects his duties regarding his child, it does not justify the child to overlook his father's rights in return. Among the right of parents upon their children is to be kind with them and obey them in lawful matters even if they are non-Muslims. Allaah Says (which means): {But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in [this] world with appropriate kindness,…}[Quran 31:15]. The guardianship on the children is also the right of the father, so it can not be transferred to any other person except if there is an acceptable reason in Islam; for example, he is permanently absent or he becomes lost, or the like. If the matter is not so and the father does not prevent his daughter from marrying a suitable match, then marrying without his permission is not allowed. It is his right to marry his daughter off, not merely to be invited to attend the marriage ceremony.
Allaah Knows best.
Search Fatwa
Fatwa Subject
