Yazmina.First a disclaimer. This topic is painful to write and will be painful to read, particularly if you do have children. I apologise in advance for my tone, as I am trying to keep an emotional distance so I can make some sense of it.
My prayers are with Rachelle D'Argent, and those around providing her with the support she so desperately needs at this time.
m13.2 The necessary conditions for a person to have custody of a child are:
(a)uprightness (def:o24.4)(O: a corrupt person may not be a guardian, because child are is a position of authority, and the corrupt are unqualified for it. Mawardi and Ruyani hold that outward uprightness (def:m3.3(f)) is sufficient unless there is open wrongdoing. If the corruptness of a child's mother consists of her not performing the prayer (salat), she has no right to custody of the child, who might grow up to be like her, ending up in the same vile condition of not praying, for keeping another's company has its effects);
(b) sanity (O: since a mother uninterruptedly insane has no right to custody, though if her insanity is slight, such as a single day per year, her right to custody is not vitiated by it);
(c) and if the child is Muslim, it is a necessary condition tht the person with custody be a Muslim (O: because it is a position of authority, and a non-Muslim has no right to authority and hence no right to raise a Muslim. If a non-Muslim were given charge of the custody and upbringing of the child, the child might acquire the character traits of unbelief(kufr)).The Reliance of the Traveller.pp551-2[emphasis added]
One of the big problems with our multicultural paradise is that sometimes a culture has ingrained beliefs that just don't mesh with the Western Civilisation.
All over the news at the moment is one Ramazan Acar, who pleaded guilty to murdering his young child a few days short of her 3rd birthday.
I do a lot of reading on the situation of separated parenting, being in that space myself, and parents (men in this case) killing their children during a dispute is not unheard of. We have Arthur Freeman, recently sentenced for murdering his four-year old daughter Darcey, and Robert Farquharson, who was found guilty of driving into a dam and drowning his children Jai, Tyler and Bailey on the way back from an access visit.
What makes Acar's crime more heinous than those other two is the nature of the murder. He stabbed his daughter multiple times and then sent his former partner/fiancee text messages to tell her what he'd done.
That is something that you don't often hear of happening, but one of his text messages (via Prof Bunyip) is quite curious:
"U wanted to convert ma kid do it u wanted to lock me up I did it u wanted 2 b indapendant do it u take full custdy do it u wana kill me il do it wat eva makes u happy nw tel me"
As the Professor notes,
"What we have here is a wicked man who killed a child, in part to honour what he, and many others, believe to be the tenets of his creed. What we also have is a misogynist who thought his ex needed to be taught a lesson for acting “indapendant”.
What we also have here is a craven, cowardly media that insists on filtering the news rather than reporting it fairly, honestly and fully. Your opinionisers will go on at great length about Tony Abbott being a Catholic and how dangerous that makes him. But a Muslim butchers a baby and abuses his former partner for making her own way in the world and the silence is near-total. Maybe all the feminists were washing their hair that day.
But not to worry. This incident was all about social media, not Islam – at least not that you will read about, anyway.
Perhaps it isn't specifically about islam, but that does not negate the fact that under islam, a man is enjoined to keep his women in line a la the quranic sura and verse 4.34.
Sure the usual caveat of not all muslims are like that must be applied, but ultimately, there are enough that are who make it difficult for everyone. Infidel and believer alike.
Given the nature of the text messages and the knowledge that Acar posted on facebook that he was going to kill his daughter, given that he is muslim, Rachelle is christian and she may have wanted to convert their daughter to christianity, the script was written long before either of them were born.
As the mother is a non-muslim, she should not have custody of a muslim child. No ifs, ands or buts.
Here in the West, however, it's not so clear-cut. While the majority of the time in separations the mother has the main custody of children, it is becoming more common for there to be more equitable joint custody, or even for the father to raise the children.
It doesn't matter how Westernized this young man is, the facts are that he is a muslim, known to be a muslim, and therefore superior to a christian woman.
Perhaps Rachelle wanting his daughter Yazmina to be christian was the last straw for him.
As Dan over at Islammonitor says, "Better dead than with an infidel mother."
Crossposted at Vlad Tepes' blog.