Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
It is recommended to give children names that reflect
servitude towards Almighty Allah [for example, ‘Abdullah; ‘Abdur Rahman;
‘Abdur Rahim] just as it is recommended to name them by the name of the
Prophet Muhammad (s.a.w.), and the other Prophets and Messengers (a.s).
It is
recommended to name the children as ‘Ali, Hasan, Husayn, Ja‘far, Talib, Hamza,
and Fatima.
It is disliked to give them names of the enemies of Islam
and Ahlul Bayt (a.s).
The custody, upbringing, and care of the child whether male or
female for the first two hijri [lunar] years is the right of both
parents equally.
Therefore, it is not permissible for the father to separate
the child from its mother during these two years.
When these two years
come to an end, the right of custody is the father’s alone. However, based on
precaution, it is recommended that the father should not separate the child
from its mother until he or she reaches the age of seven.
If the parents separate because of divorce before the child —whether male
or female— reaches the age of two (by hijri account), the mother does
not lose the right of custody of the child as long as she does not marry
another man.
Therefore, it is necessary for both parents to agree on
exercising their common right in custody by alternating [the right] or by any
other method on which both agree.
If the mother marries after separating from the father, she forfeits her
right of custody, and the custody will be the exclusive right of the
father.
The term of custody ends when the child reaches the age of mental
maturity.
When the child reaches mental maturity, no one has the right of
custody over him or her, not even the parents let alone others.
The child,
then becomes independent in his affairs; and so he can choose to join either
of the two parents or anyone besides them.
However, if his separation from
both of them causes distress to them out of their concern for him or her, it
is not permissible for the child to disobey them in that matter.
If the father
and the mother differ [in the case of distress], the priority is given to the
mother.
When the father dies, the mother has greater right of custody than anyone
else until the child reaches the age of maturity.
When the mother dies during the term of her custody, the father gets the
exclusive custody.
Just as custody is a right of the father and the mother, it is also the
right of the child, in the sense that if they refuse to take the custody [and
fulfill their duties towards him], they can be forced to comply.
If both parents disappear, the right of custody belongs to the paternal
grandfather.
Whoever from the two parents or others have the right of custody is
allowed to delegate it to a third party, ensuring that they would fulfill
their responsibility as required by Islamic Law.
The person —parents or others— who shall have the custody of the child,
must be Muslim, sane, and trustworthy to ensure the safety of the child.
So,
if the father is a non-Muslim and the mother is a Muslim, the child is
considered as a Muslim and the mother shall have the sole custody of the
child.
Similarly, if the father is a Muslim while the mother is a non-Muslim,
the father shall have the right of custody.
It is obligatory on the son to provide for the parents.
It is obligatory on the father to provide for the child, male as well as female.
The obligation of providing for a person who is closely related to you is
conditional on him being poor, in the sense that he does not have the basic
necessities of life like bread, food, clothing, bedding, comforter, shelter,
etc.
In Islamic law, there is no fixed amount for providing to those who are
closely related to you.
What is obligatory is to provide whatever is needed to
sustain them, i.e. bread, food, clothing, shelter, and other things in line
with his status as well as the standard of living for that place and
time.
If a person who is obliged to provide for the needs of his close relation
refuses to provide [e.g.
, a husband refuses to provide for his wife], it is
permissible for the one who has the right to force him to do so, even by
resorting to the courts.
If it is not possible to force him to provide
maintenance and he has some wealth [that is easily accessible], the person who
has the right can take the rightful amount from it after seeking the
permission of the mujtahid.
[And if the wealth of that person
who must provide maintenance is not easily accessible], the person who has the
right can take out a loan in the name of the first person with the permission
of the mujtahid.
In this case, that first person will become liable to
pay the loan back.
If it is not possible to have recourse to the
mujtahid, he should resort to some just [morally upright] believers and
take out a loan in the name of the first person who shall then be obliged to
repay it.
If the protection of the faith and its sacred laws as well as the honour
of Muslims and their lands depend on providing for a person or persons from
the wealth of Muslims, it is obligatory to do so.
In this case, the Muslim who
provides will have no right to ask anyone for compensation of what he has
spent in this cause.