The issue in this question is whether Fariz could claim custody of both of her children, a 10-year-old daughter, born five months after the marriage, and a 4-year-old son. It is obvious that this question concerns the legitimacy of the child and the custody of a child or the right to hadanah in Muslim law. In order to answer this question, Part One will discuss claiming custody rights for your daughter and Part Two will discuss claiming rights for custody for your son. Right of custody of the daughter: Islamic law has clarified - elimination of the distinction between fatherhood and motherhood. Motherhood is established in the woman who gives birth to the child, although the mother's relationship with the child's natural father may or may not be licit. The paternity of the child, however, is established only by the marriage between the parents. The legitimacy of a child is established only when paternity is established. Therefore, the father's right of hadanah is related to the legitimacy of the son. This is because the father's right of hadanah arises only after the son's legitimacy has been proven. Failure to establish the legitimacy of the child will cause the appellant to lose custody rights. In this regard, the Shafii school of law is of the opinion that if a child is born to a woman married to a man after six months from the date of marriage; or within four years of the dissolution of the marriage, if the mother has not remarried, the paternity of the child is established with the husband. Similarly, Article 110 of the law stated that: When a child is born to a woman married to a man for more than six months qamariah from the date of marriage......half of the document......is still married with Fazli. Her act of cheating on her husband can be considered open and gross immorality. Furthermore, Suria also wanted to marry her lover. Therefore, Suria had violated the prohibition contained in section 83. This section stated that in order for a mother to retain the right of custody over her children, she must not behave immorally and must not marry a person who is not related to him. to his children. Failure to comply with the prohibition will lapse the right of custody and will transfer the right to the child's father. Ultimately, Fariz will have no choice but to claim custody of her child, as Suria had acted immorally and was about to get married to someone else who was not related to her children. However, she cannot claim custody rights over her daughter because she is considered an illegitimate child.
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