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Fatwa CenterA 10 year old child fostered by paternal uncles
Question
I would like to ask a question. I would like to know the "fair" and Islamic solution to this problem. A mother was divorced after she had a child. The uncles, from the father's side, took care of the child nearly all the time. Later, the father died, and the child stayed with his uncles. During this time, the mother would see her child, and he would stay with her sometimes, but he "lived" with his uncles. Now, when the child is about 10 years old, the mother is trying to get him into the United States, where she along with her mother and brothers live. The uncles, however, reject this idea, and are not allowing the mother to get him into the U.S. They say don't like the mom for being somewhat "westernized"..... wearing a scarf, but wearing tight clothes and having a bad personality. What would be the just resolution to such a problem?
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Some scholars
stated that when a child reaches the age of distinction-which is 7 years- he is given the choice to choose between staying with his father or mother, or with his relatives from father's side if the father is dead. Therefore, since this child is 10 years old, he should be given the choice to choose between his mother and his paternal uncles, if they come in priority before other relatives of his father. However, if the mother is deficient for any reason, like fearing that she will cause harm to him in his religion or with regard to his worldly matters, then she should not be allowed to take the child with her, especially that she wants to take him to a country where it is feared for his belief and moral conduct.
Finally, it should be noted that in such matters, it is more appropriate to resort to an Islamic court or any religious organization to look into the matter.
Allaah Knows best.
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