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 CenterShe handed over her baby to her abusive negligent husband
Question
as-salam `alaykum wa rahmat ALLAH wa barakatuh
Bismillahir-Rahmanir-Raheem
A sister asked this question, kindly, help me to give her the reply, in sha' ALLAH:
I am mother of 1 month old child. My issue is that my husband never owned me and my child during pregnancy. he gave so much mental torture and physical torture so that i have to take divorce from him. he even never spent a single penny on me or my son while in delivery. as i'm a working woman and appointed in a government organization on officer rank. Basically he is jealous of me, my job, my family status. He tried his best to exploit my carrier, my reputation among my fellow colleagues, friends and related people. Now the case is that i hand over the kid to his father at the third day. I have two questions regarding this issue
1. Did i do something wrong or like a sin by handing over the child? who is responsible to take care the child?
2. if mother is responsible then tell me under the condition of threats, blackmailing and continuous mental torture if mother handover the child then still is it wrong act from mother side?
Kindly answer my questions under the Islamic law and act of Hazrat Muhammad (PBUH).
A worried Muslim mother
Jazakum ALLAH khairan
Fee aman ALLAH
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.
A husband is obliged to spend on his wife and children according to what is acceptable; Allaah Says (what means): {Upon the father is their [i.e. the mothers’] provision and their clothing according to what is acceptable.}[Quran 2:233] Moreover, Jaabir 
narrated that the Prophet said: “The husband is obliged to provide for his wife and cloth her according to what is acceptable.”
The fact that the wife has money does not exempt the husband from the obligation of spending on her and on his child; however, if he conditioned on his wife to spend on herself and her child in return for him allowing her to work, then he is no longer obliged to spend on her and it becomes the obligation of the wife as long as she is working.
Therefore, if what you mentioned is true that your husband did not spend on you during your entire pregnancy and he did not spend on you and on your child when you gave birth to him, and he had no sound reason for this, then he is wrong and negligent. If, in addition to this, he also harmed you physically and psychologically, then the matter is even graver.
Therefore, he should be advised and reminded that Allaah is Omnipotent and that He can take revenge of him. Indeed, Allaah gives respite to the oppressor, but when He seizes him, He will never let him escape. Allaah Says (what means): {But if they [i.e. the wives] obey you [once more], seek no means against them. Indeed, Allaah is ever Exalted and Grand.}[Quran 4:34] So, he has the choice between two alternatives; he should either divorce his wife in kindness or keep her in kindness.
Furthermore, it is not permissible for a husband to harm his wife and oppress her in order to take the dowry that he had given her, or so that she would renounce whatever rights she had on him and so forth, Allaah Says (what means): {And do not make difficulties for them in order to take [back] part of what you gave them.}[Quran 4:19]
As regards giving your child to his father, if there is no harm on the child by doing so, then it is permissible to do this and you are not sinful for doing so, because it is permissible for a mother to renounce her right in the fostering of the child unless she is obliged to foster him.
Al-Haskafi 
from the Hanafi School of jurisprudence said: “A woman who has the right for the fostering of the child should not be obliged to foster him unless the fostering becomes an obligation on her, like if the child refuses to suckle the breasts of other women or that the father or the child has no money.”
For more benefit, please refer to Fatwa 84618.
Search Fatwa
Fatwa Subject
