Question Summary:
On 29 dec I got married, 1.5 weeks later my wife said that she was pregnant, less than 2 weeks thereafter she orchestrated an argument…She has since then given birth to a son, I so far I have seen to my responsibility regarding providing for my son.

Question Detail:

On 29 dec I got married, 1.5 weeks later my wife said that she was pregnant, less than 2 weeks thereafter she orchestrated an argument ( as was evident from e’mails she sent to a relative). He then left the home, & went to reside with a man she was previously involved with.when I subsequently  found out that she was staying with another man, I asked her thrice, where she was staying & after each time lied about it , after  which I pronounced all 3 talaqs.

She has since then given birth to a son, I so far I have seen to my responsibility regarding providing for my son.

My dilemna is that I have spoken to 2 shuyoog in her  presence regarding where I stand according to shariah, & was explained that the mother has more right as the child is still an infant..

She is currently still staying with the same man , since our talaq & he is hindu & also has liquor in his home..

I do understand that if she remarries, my son would come to me, but what happens in a case where she is staying alone with a strange man that is non muslim??

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
Generally, a mother is awarded custody of a child in his or her infancy and early childhood. However, there are circumstances where a mother will lose this custody of the children. One such circumstance is if a woman remarries, she will thus automatically lose custody of her children. Another circumstance is if the mother openly transgresses the dictates of the Sharī‘ah. In this scenario, she is unambiguously violating the laws of the Sharī‘ah by living with a hindu non-Mahram man. In this situation, she will lose the right to custody of her child. However, if she later truly repents from her vile actions and cedes violating the dictates of Sharī‘ah, she can reclaim her right of custody so long as she did not remarry.
 
أحق الناس بحضانة الصغير حال قيام النكاح أو بعد الفرقة الأم إلا أن تكون مرتدة أو فاجرة غير مأمونة كذا في
الكافي سواء لحقت المرتدة بدار الحرب أم لا ، فإن تابت فهي أحق به كذا في البحر الرائق (الفتاوى الهندية ج 1 ص 541 ، رشيدية)
And Allah knows best
Wassalam
Ml. Yusuf bin Yaqub,
Student Darul Iftaa
Concured by:
Muhammed Zakariyya Desai,
Assistant Mufti
 Darul Iftaa, Madrassah In'aamiyyah