The decision of the Chechen Muftiate contradicted the norms of Sharia

The deeply rooted custom in Chechnya of leaving young children with the father in the event of a divorce contradicts the norms of Sharia, Islamic scholars commented on the decision of the republic's muftiate on visiting hours for divorced women. At the same time, Russian courts more often leave children with the mother.

As "Kavkazsky Uzel" wrote, The Chechen Muslim Spiritual Directorate reported on the settlement of a dispute between divorced parents over custody of their children, agreeing on a visiting schedule for the mother. According to Sharia, a child must stay with the mother, and adats cannot be higher than Sharia norms, social media users pointed out. In January 2023, the Mufti of Chechnya Salah Mezhiyev said that relatives should not forbid children from seeing their mother after their parents' divorce. Given the inaction of the authorities and society, Mezhiyev's call is unlikely to influence men in the republics of the North Caucasus, noted human rights activists interviewed by the "Caucasian Knot".

DDoctor of Law, Professor at the Higher School of Economics Islamic scholarLeonid Syukiyaynen , Chairman of the Spiritual Administration of Muslims of the Asian Part of Russia (SAMAR) Mufti Nafigulla Ashirov, Chairman of the "Civic Assistance" Committee* Svetlana Gannushkina* and lawyer Timofey Shirokov commented to the "Caucasian Knot" on the decision of the Chechen Muslim Spiritual Directorate to settle a dispute between divorced parents over custody of their children, as a result of which a visitation schedule was drawn up for the mother.

According to Sharia norms, children after their parents’ divorceremain in the care of their mother until a certain age, Leonid Syukiyainen told the “Caucasian Knot” correspondent.

"She takes care of their upbringing. This is the general rule after divorce.In different Muslimcountries and in different There are differences in the legal schools (madhhabs) regarding the age up to which children should remain with their mother. For boys, this age is younger, and girls remain with their mother until they reach adulthood, which is determined individually, with the onset of the girl's cycles," he said.

According to the Islamic scholar, according to Sharia rules, if the mother of these children remarries, she loses the right to care for and look after her children.

"This ispractically the same everywhere. With some minor nuances that depend on the specific features of the legislation. If a mother neglects her responsibilities to care for her children, they are transferred to another relative, but again first on the maternal side - to the maternal grandmother and only then to the father," explained Syukiyainen.

He noted that certain Sharia norms are included in special family legislation.

"And almost everywhere it is stipulated that in the event of silence of the law, if some issue is not regulated by law, then one should contact to the legal conclusions of the fiqh of a certain madhhab," Syukiyainen pointed out.

In his opinion, in the North Caucasus, the custom of leaving young children only with the father contradicts the norms of Sharia.

"This is a traditional rule that has existed for a very long time, a long time ago. Many courts are influenced by these customs and make such decisions. This is contrary to Sharia. I know many cases where women found themselves in a very difficult situation and could not communicate with their children. At the same time, they were assured that this was done according to Sharia. This is a misconception. This is how they imagine Sharia. They are wrong. They do not even know their own Shafi'i sense. After all, even if for some reason the mother can no longer look after her children, in the event of her illness, for example, then he and are still transferred not to the father, but to her mother, grandmother," - Syukiyainen explained.

Nafigulla Ashirovalso pointed out the contradictions between customs and Sharia norms.

"According to the Abu Hanifa madhhab, guardianship over children is given priority to the mother. But this guardianship is not permanent, but until the children reach a certain age, such as: ef it is a boy, then the mother guards him until he reaches 7 years of age, and then guardianship passes to the father. If it is a girl, then the mother guards her until she reaches 9 years of age, and then the father. Noh, there are other opinions on this matter, which say that she can guard the girl until she reaches puberty or until her marriage. But there are reservations here, such as, for example, if the mother marries a man who is a stranger to the children, she loses the right of guardianship over them and guardianship over the children passes to their grandmothers, primarily on the maternal side, or to their sisters or aunts. "Secondly, on the paternal side," the mufti said.

Russian legislation, in general, more often takes the side of mothers, but the situation in the North Caucasus, in Chechnya in particular, is not so positive, Svetlana Gannushkina* is sure.

"Because this conviction in certain circles, so to speak, mainly in the Caucasus, that a child, as I have heard more than once, belongs to the father's family. This, of course, is surprising to me, in general the very concept of belonging, a child does not belong to anyone, we belong to our children while they are small, and what does it mean that a child belongs. But the belief that it is the father's blood, that it is a family belonging, is very deeply rooted," Gannushkina* said.

She pointed out that according to Russian law, the time between the child's parents cannot be divided in half.

"I know that this is determined in court if the parents themselves cannot agree, but still, the second parent, of course, has the right to meet with the child. In this case, the time is not necessarily divided in half, the child goes to school somewhere, the parents can live in completely different localities, how can it be divided in half? As a rule, the courts take the position that the mother becomes the main guardian, but this is understandable, because up to a certain age, the child needs the mother more than the father," - Gannushkina* explained.

LawyerTimofey Shirokov noted that the legislation cannot in any way divide the time of communication between children between divorced parents.

“Formally, there cannot be any prescribed norm here. In general, Russian legislation often takes the side of mothers, leaving them with children. And naturally, children communicate more with their mother. But the father can, through the court, appoint some time for communication with the children, if the parents themselves were unable to agree. But there is no specific norm here. Also, if the children remain with the father, the mother is appointed some time for communication,” Shirokov said.

Residents of the North Caucasus maneuver between Sharia, Russian legislation and adat law, which leads to unclear norms and rules of conduct in society, which results in the violation of women's rights, activists and human rights defenders interviewed by the "Caucasian Knot" stated.

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