Salamun alaikum, brothers and sisters!
I hope you're having a great Sunday!
My family is not familiar with Islam (as portrayed in the Quran), they have only seen some tv talk shows with mullahs or scholars, so you can imagine they have many misconceptions about Islam, and they often come up with questions. Yesterday in a tv show a religious clerk was stating that "
prophet Muhammad pbuh said that a woman can keep the custody of her children after divorce for as long as she doesn't remarry. And, almost always a father is favored regarding the custody, because he's the one charged from God to provide provisions for his children (for his family in general). Even if the father dies, and the widow has to remarry someday, someone from father's family takes care of children (grandfathers, uncle, aunt...)".
I have some issues with this theory. First of all, I'm not a scholar but I have known Quranic laws well enough to know that this theory has no basis in it. Second of all, when God gave the divorced and widowed woman the right to remarry, He never put such conditions on them . Besides, take the verse 23 of surah Nisa: "
Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful."(Yusuf Ali translation). How can it be forbidden for a woman to take her children with her if she remarries, when God clearly recognizes that a man can have (at least) the daughters of his wife under his guardianship?
Even if we'd take hadith and sunnah as authority (as most of muslims do), we have arguments to prove them wrong. Prophet Muhammad himself was born an orphan and his mother raised him, until she died as well. Ramla bint Abu Sufian got divorced (and later widowed) from first husband and married prophet and had her daughter living with her, when her husband was alive, and after he died. Hind bint Abu Umeya was widowed, and had three children, the fourth being born in prophet's house after he married her, and he (prophet) raised them as his own. There were attempts to take at least one of her children from her, but in the end she had them with her.
What is your view on this issue? I believe it's important for every woman to know her rights on this matter, because we never know what will tomorrow bring.
Sorry if I made it too long,
Your sister Seraphina