Home

Custody of Children

Question: A man divorced his wife and the couple have children; who gets custody of the children?

Answer: The wife will have custody of boys up until the age of seven and girls up to the age of nine. If the wife remarries, she will lose custody of the kids to her mom, the children's maternal grandmother.

After the respective ages of seven and nine, the father has the right of custody. However, both parents have visitation rights when the children are not in his/her custody. Visitation rights should be mutually agreed. [Fataawa Hindiyyah V1:P542]

This is the general principle. However, there are others facts that at times need to be considered and may even change the stated ruling.

And Allah Knows Best

Yusuf Moosagie

Sayyidul Istighfar

Question: Which Dua is referred to as Sayyidul Istighfar and what is the benefit of reciting it?

Answer: Shaddad ibn Aws Radiyallahu Anhu relates that the Messenger Sallallahu Alaihi Wasallam said: "Sayyidul Istighfar (The most superior way of asking forgiveness from Allah) is to say:

اللَّهُمَّ أَنْتَ رَبِّي , لا إِلَهَ إِلا أَنْتَ، خَلَقْتَنِي وَأَنَا عَبْدُكَ، وَعَلَى عَهْدِكَ وَوَعْدِكَ مَا اسْتَطَعْتُ، أَعُوذُ بِكَ مِنْ شَرِّ مَا صَنَعْتُ، وَأَبُوءُ بنعْمَتِكَ عَلَيَّ، وَأَبُوءُ بِذَنْبِي، فَاغْفِرْ لِي، إِنَّهُ لا يَغْفِرُ الذُّنُوبَ إِلا أَنْتَ.

Oh Allah, You are my Rabb, there is no deity other than You. You have created me and I am your slave and I am trying to fulfill your pledge and covenant to the best of my ability. I seek refuge in You from the evil that I have committed. I acknowledge Your blessing upon me and I confess my sin; thus, forgive me. Verily no one forgives sins other than You.

If somebody recites this Dua during the day, with firm faith in it, and dies on the same day before the evening, he will be from the people of Paradise; and if a person recites it at night with firm faith in it, and dies before the morning, he will be from the people of Paradise." [sahih al-Bukhari; 8,75,318, at-Tirmidhi; 3393, an-Nasa'i; 5522, Ahmad; 16662]

AND ALLAH KNOWS BEST

Yusuf Moosagie

Subscribe to the Daily Fiqh WhatsApp service by adding +27 72 071 3684 to your Contacts and sending a message with the word ‘Subscribe’. Visit www.dailyfiqh.co.za

Sunnah of Fajr If The Jamaat Has Started

Question: If a person enters the Masjid while the Imam has already commenced the Fardh Salaah of Fajr; should he join the Fardh Salaah or should he first perform the two Rakaats Sunnah?

Answer: The Messenger Sallallahu Alaihi Wasallam said:«ركعتا الفجر خير من الدنيا وما فيها» رواه مسلم
"The two Rakaats before Fajr are better than this world and all that it contains."(Muslim)

Keeping the above in mind, when a person - who has not yet performed his Sunnah Salaah of Fajr - enters the Masjid, he should guage how far the Salaah has progressed. If it is possible for him to perform his Sunnah Salaah and still join the Imam before Salaam, then should perform the Sunnah. However, if he fears that he may miss the Jamaat then he should not read it.

There is no Qadha for the Sunnan of Fajr if the Fardh has been performed.

The Salaah should be performed outside the Masjid. If there is no place outside the Masjid then he may read it behind any pillar or wall in the Masjid. (Shami V1/P378)

AND ALLAH KNOWS BEST

Yusuf Moosagie

Subscribe to the Daily Fiqh WhatsApp service by adding +27 72 071 3684 to your Contacts and sending a message with the word ‘Subscribe’. Visit www.dailyfiqh.co.za