A Muslim man is seeking custody of his nine-year-old daughter, because of his estranged wife’s abandoning of Islam.
Since the breakdown of the relationship, the daughter was living with her mother and the mother’s new partner.
The daughter was taken by the husband on a short-term holiday to Algeria, with the mother’s consent, but the father then left her there with his relatives.
Mr Justice Hayden has ordered him to return the girl to her mother.
'Un-Islamic'
The claimant, a political analyst who has not been named, is in the midst of a family court dispute over custody of the daughter.
He told a judge at the High Court in London that he disapproves of his wife’s ‘un-Islamic’ lifestyle, to which she returned after they separated. She had originally converted to Islam to marry him.
In a written ruling, Mr Justice Hayden said: "The father has been extremely critical of the mother and of what he now regards as her un-Islamic lifestyle, which he has described as 'debauched'.
"He has been dismissive of her care of their daughter and of her choice of partner."
Child custody under Islam
Under Islamic teaching, in the case of parental separation the mother has custody of the child until the age of discernment, which is seven or eight years old.
Islam also teaches that the guardian must be a Muslim. In this case, as the child is nine years old and her mother left Islam, the father will likely believe that he ought to have custody of the girl.
There is no requirement under British law that a child must live with one parent or the other.
Father banned from taking son to church
The case follows a similar case reported earlier this year. In that case a father from a Muslim background was banned from taking his son to church, after the child’s Muslim mother won a court order preventing him from attending.
That ruling, which barred the father from taking the boy to any religious event, stipulated he must provide only Halal food and reassure the child he is "an ordinary Muslim boy following Muslim rules".
The child’s mother became a devout Muslim following her father’s death, and left her husband in 2013. They divorced last year.
'The Christian community embraced me'
Following the divorce, the father developed close connections to his local Christian community and would take his son with him, as he enjoyed attending.
He said: "After my divorce, the Christian community embraced me.
"They run many activities my son enjoys so I go to the church and would like to take my son.
"But when his mother found out, she applied to the court and won the order which prevents the boy being taken to any Christian building."
He added: "I was taught that Christians were heartless and immoral, that only Muslims have a peaceful faith and all others are evil. It was only when I began mixing with Christians that I learned this was nonsense."
At the time, Christian Concern’s Chief Executive Andrea Williams described the ruling as "judicial bullying".
He has lodged an appeal with the High Court to have the order overturned.
Related Links:
Muslim husband wants custody of his nine-year-old daughter because his convert ex-wife has returned to 'debauched' Christian lifestyle (Mail)
What Islam Says About Children (part 5 of 5): Custody & Fairness (Islam Religion)
Father banned from taking son to church