Q: I need clarification on a matter. My wife and I have been having marital problems for some time and we have 2 sons ages 6 and 10.
First question, we live in a non-Muslim country whose laws contradict with certain shariah rulings. For example a court does not consider the shariah method of child custody. As a Muslim, which law prevails? My reason for asking this is I was told that you cannot follow shariah when it suits you and not when it doesn't.
Second question, in terms of children, my wife has said that if we have to divorce, then I will only get to see my kids every second weekend, is this Shariah? I seek clarification on this matter and understanding as in todays time we do not do what is in the best interest of the child but rather our own selfish needs based on hurt and trauma we have went through in our marriage.
A: If the law of the land contradicts the shariah then we will ignore the law of the land. The law of the land allows swine and wine, recognises the wealth earned through it, but the shariah does not. So we will not allow it. The law of the land allows prostitution and escort agencies and the shariah condemns it. The law of the land allows gambling and the shariah condemns. The law of the land may allow incest with your own daughter but the shariah condemns this. So the law of the land will not be practised when it contradicts the shariah.
This is wrong. She cannot deny you visiting your children. She does not make the law. As a Muslim, it is the law of Allah Ta`ala and the way of Nabi (sallallahu alaihi wa sallam) that prevail.
And Allah Ta'ala (الله تعالى) knows best.
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