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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.

PerlisFatwa committee decision

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.

Excerpt from the original fatwa · Perlis

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/