سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : تَخْيِيرِ الصَّبِيِّ بَيْنَ أَبَوَيْهِChapter: Giving A Child The Choice Between His The Parents
Hadith 2352
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا إِسْمَاعِيل ابْنُ عُلَيَّةَ ، عَنْ عُثْمَانَ الْبَتِّيِّ ، عَنْ عَبْدِ الْحَمِيدِ بْنِ سَلَمَةَ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنَّ أَبَوَيْهِ اخْتَصَمَا إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَحَدُهُمَا كَافِرٌ وَالْآخَرُ مُسْلِمٌ ، فَخَيَّرَهُ فَتَوَجَّهَ إِلَى الْكَافِرِ فَقَالَ : " اللَّهُمَّ اهْدِهِ " . فَتَوَجَّهَ إِلَى الْمُسْلِمِ فَقَضَى لَهُ بِهِ .
´It was narrated from 'Abdul-Hamid bin Salamah, from his father, from his grandfather, that :` his parents referred their dispute to the Prophet (ﷺ), and one of them was a disbeliever. He (the Prophet (ﷺ)) said: “O Allah, guide him,” and he turned towards the Muslim, and he ruled that he should go with that parent.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ If either the man or the woman becomes Muslim and the other insists on disbelief, then separation occurs between them. The woman then has the right, after completing her waiting period (‘iddah), to marry another man.
➋ If the woman, instead of marrying elsewhere, chooses to wait for her husband to become Muslim, then when he does embrace Islam, it is permissible for them to re-establish their marital relationship. See: (Sunan Ibn Majah, Hadith: 2009).
➌ When, for any reason, separation occurs between a man and a woman—whether through divorce or annulment of the marriage—the child is given the choice to stay with whomever he/she wishes. Alternatively, the judge (qadi) should consider the circumstances and decide in accordance with what is in the best interest of the child.
➊ If either the man or the woman becomes Muslim and the other insists on disbelief, then separation occurs between them. The woman then has the right, after completing her waiting period (‘iddah), to marry another man.
➋ If the woman, instead of marrying elsewhere, chooses to wait for her husband to become Muslim, then when he does embrace Islam, it is permissible for them to re-establish their marital relationship. See: (Sunan Ibn Majah, Hadith: 2009).
➌ When, for any reason, separation occurs between a man and a woman—whether through divorce or annulment of the marriage—the child is given the choice to stay with whomever he/she wishes. Alternatively, the judge (qadi) should consider the circumstances and decide in accordance with what is in the best interest of the child.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2352
