Q: I was married to a Canadian woman who was previously Christian but she accepted Islam and bore me a son who is now living with her in
Canada.
I asked to see my son but his mother refused that claiming that I have no legal right to see him. I raised a complaint to the Canadian government with regard to this issue but they asked for an Islamic legal evidence permitting a father to see his son. Moreover, my son's mother (Part No. 21; Page No. 205) told me the same thing. I would be grateful if you would give me the Fatwa and the Islamic legal evidence that permit me to see my son so that I can submit them to my son's mother and the Canadian government.
A:
If
the woman left the marital house or the couple separated through divorce or the like and there was one or more children, it is not permissible in the Islamic Shari`ah (Laws) for any spouse to prevent the other spouse from seeing and visiting the children. If the child is under the guardianship of its mother, she is not allowed to prevent its father from seeing and visiting him. This is because Allah (Glorified be He) has ordered us to keep good relationships with our kin by saying:
Worship Allâh and join none with Him (in worship); and do good to parents, kinsfolk
It is authentically reported that the Prophet (peace be upon him) said:
Whoever causes a mother to desert her children, Allah will separate him from his beloved people on the Day of the Resurrection
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his Family, and Companions.
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