Rights to Visit Children After Divorce
  • Question:

    I got married to my uncle's daughter in 1996 and divorced her in 2008 due to some serious reasons. I have a daughter from her, she is now 15 years old. My in laws do not allow me to speak nor visit her. They have threatened to kill me if I visit. I love my daughter more than my soul. My request is that IS there any hadith or advice about how I can get my daughter back or at least they can allow me to visit her or sent her some expenses or gifts. or take care for her.

    Assalamu Alaikum wa rahmatullahi wa Barakatuh

    Thank you for your question.

    Indeed what you have described is sad and heartbreaking. We pray Allāh facilitates ease and understanding in the situation.

    Your daughter from your previous marriage remains your daughter. You have a right to see her and establish a bond with her.

    I suggest you contact some elders or community leaders whom your in-laws respect. Request them to assist you in accessing your daughter. If that is unsuccessful, you may want to seek help from the courts and legal authorities.

    There are countless verses and prophetic narrations prohibiting the severing of family ties. A few are listed below:

    “Verily Allāh created the universe and when He had finished that, ties of relationship came forward and said, ‘This is the place for him who seeks refuge from severing (of blood-relationship).’ He said, ‘Yes. Are you not satisfied that I should keep relationship with one who joins your ties of relationship and sever it with one who severs your (ties of relationship)?’ They (the ties of blood) said, ‘Certainly so.’ Thereupon He said, ‘Well, that is how things are for you.’ Allāh's Messenger (peace and blessings upon him) then said, ‘Recite if you like: [But if you turn away you are sure to make mischief in the land and cut off the ties of kinship. Those it is whom Allāh has cursed, so He has made them deaf and blinded their eyes. Do they not reflect on the Qur'ān? Or, are there locks on their hearts?]" (Ṣaḥiḥ Muslim)

    “The severer [of the tie of kinship] will not enter Paradise.” (Ṣaḥiḥ Muslim)

    We pray Allāh grant all the family members, from both sides, respect, harmony and understanding. May Allāh make it easy for you to establish a bond and relationship with your daughter.

    And Allah knows best.

    Answered by Shaykh Yusuf Badat
    Hadith of the Day Imam
    Imam of the Islamic Foundation of Toronto and Director of Mathabah Institute
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