FatwaPerlisMarriage & Family
Hak Hadanah Anak Bagi Ibu Bapa Berlainan Agama
Who has custody (hadanah) of a child when non-Muslim parents are of different religions after one of them converts to Islam?
Short answer
Custody is not decided by the religion of the mother or father, but is given to the party better able to secure the child's welfare in terms of moral, emotional and physical development.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Perlis State Mufti Department
- Status
- Fatwa committee decision
- Series
- Himpunan Fatwa Negeri Perlis
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Custody is not decided by the religion of the mother or father, but is given to the party better able to secure the child's welfare in terms of moral, emotional and physical development. If the child is still breastfed by the mother, custody goes to her. A child who has reached mumayyiz age may choose, unless the choice is proven to harm his or her worldly life. The Muslim parent is obliged and entitled to introduce Islam to the child even without custody.
Written in our own words from the original fatwa — check the source before acting on it.
Pasangan bukan Islam yang salah seorang daripada mereka memeluk Islam, maka hak hadanah tidak dinilai berdasarkan kepada agama ibu atau bapa.
Read the full fatwa on the Perlis website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Perlis State Mufti Department. “Hak Hadanah Anak Bagi Ibu Bapa Berlainan Agama”, date not stated. https://muftiperlis.gov.my/index.php/himpunan-fatwa-negeri/106-hak-hadanah-anak-bagi-ibu-bapa-berlainan-agama. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/custody-child-parents-different-religions/