Date : 18-06-2012

Question :

What is the legal ruling when a woman, who is entitled to a child`s custody, travels with that child without the consent of his/her father ?

The Answer :

Praise be to Allah, and may His blessings and peace upon our Prophet Muhammad and upon all his family and companions It is impermissible for a woman( women who deserve fostering a child in accordance with Sharia ) to take any course of action concerning the child under her custody against the will of the father who is the legal guardian. She cannot, for instance, travel with that child to a distant country during the period of custody, because doing so causes great harm to the father and might not be in the best interest of the child as it is dangerous to the latter`s religion and morals. Al-kaasaani said: "Even if she wanted to take that child to a country other than hers……she does not enjoy the right to do so ……,since it is a place of dreariness for her.” "Badaa'i ' Al-sanaa'i ' (8/ 248). Article 176 of the Jordanian Personal Status Law (2010) states: "If the child under custody holds the Jordanian citizenship, the woman fostering him/her shall not have the right of making him /her reside abroad or travel outside the Kingdom for such end, save with the consent of his/her guardian, and after confirming that it is in the child`s best interest". And Allah knows best.