Lately, a number of cowards have claimed that the matter of transferring custody after remarriage lacks unanimous agreement within our tradition (ijmā’). Instead of disseminating misinformation in private conversations, they should have the courage to address these concerns publicly.
In the Washington DC area, one Imam cited Ibn Hazm as an authority to justify breaking consensus. However, numerous scholars have cautioned against adopting Ibn Hazm’s peculiar views. For example, Ibn Hazm also suggests that a non-Mahram man seeking to propose to a woman may see her naked (i.e., her chest and the rest of her body, excluding her lower private part) WITHOUT HER KNOWLEDGE, in order to be encouraged to propose. If Yaser Birjas adheres to this belief and follows Ibn Hazm, then I hope he applies it to his own daughters. To the “Imam” in Washington DC, do you have any daughters?
Furthermore, they mention Ahmad Ibn Hanbal, the guardian of the Sunnah, as having multiple opinions on this matter. So which opinion do we take? Can two contradictory opinions be valid at the same time? Adherents of his own school of thought upheld the consensus and the unanimous agreement within our tradition (ijmā’).
Fiqh scholars who came before and after these two scholars consistently upheld the ijmā’ on this issue and ignored these opinions.
ALL four recognized schools of thought on Islamic Fiqh have the same ruling: if a Muslim mother remarries a foreign man, her children from another man MUST BE TRANSFERRED to another custodian to ensure their protection.
How can it be that the biological father is separated from his children and Islamically mandated to financially provide for them in a separation, while simultaneously permitting a foreign man to have unrestricted access to his children? This constitutes a clear violation of Islamic rights.
Indeed, diseases reside within hearts. Interestingly, the same Imams who assert there is a difference of opinion are often accused of maintaining secret second marriages. Of course they will claim such lies because they take advantage of emotionally vulnerable and recently divorced women. Oh, the hypocrisy!
One would assume that following the teachings of our Prophet ﷺ should suffice. However, even non-Muslims are acknowledging the potential dangers of having foreign stepfathers around young children. Perhaps it’s time to consider the insights of science. After all, the risk of facing assault by a stepfather is 40 times greater than that by a biological father…
Did you know that the mere presence of an unrelated male (stepfather) can trigger early onset puberty in a young girl? “The introduction of an unrelated adult man to the living space can be stressful, which can result in weight gain and body fat, ultimately leading to early menarche” (https://www.psychologytoday.com/us/blog/the-modern-heart/202310/stepfathers-a-mysterious-cause-of-early-menarche).
To the God-fearing Imams, students of knowledge, and upright Muslims, thank you all for reaching out to me and providing your support.
To the timid Imams who fear losing their jobs from the demonic agenda, we will never be silenced when it comes to protecting our young children from abuse.
