Social network users questioned whether the decision of the Chechen Muslim Spiritual Directorate complies with Sharia law
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, the child must remain with the mother, and adat cannot be higher than Sharia norms, social network users indicated.
As "Caucasian Knot" wrote, the Mufti of Chechnya Salah Mezhiyev stated in January 2023 that relatives should not forbid children from seeing their mother after their parents' divorce. Mezhiev's appeal, if the authorities and society do nothing, is unlikely to have any impact on men in the republics of the North Caucasus, noted human rights activists interviewed by the "Caucasian Knot".
Divorced women in the North Caucasus have a hard time getting custody of their children if their ex-husband or his relatives want to keep the children for themselves. Relatives can prevent the mother from communicating with her children and put pressure on the children themselves, human rights activists said earlier.
The Spiritual Administration of Muslims of the Chechen Republic regularly receives citizens. Those who contact it receive consultations on family relations, conflict resolution and other life situations in accordance with Sharia norms. Theologians help people find a fair solution based on Islamic principles.
The latest trial concerned a family dispute between former spouses about the procedure for communicating with children after a divorce. The citizens who contacted them needed help in resolving their differences. Theologians explained that according to Sharia, a mother has the right to see her child, and it is unacceptable to forbid her from doing so. They explained in detail the rights of both parents, emphasizing the need to strictly observe these rights.
As a result of the conversation, the parties came to an understanding and agreed on acceptable conditions. A schedule was drawn up according to which relatives on the paternal side undertake to freely allow the mother to see the child on specified days. The conflict was resolved, and all participants expressed gratitude to the Spiritual Administration of Muslims of the Chechen Republic for their assistance in resolving the situation fairly, Grozny Inform reported on August 14.
A video recording of the meeting in the Chechen language was published by the Instagram public page "ChP Grozny", which has 649 thousand subscribers, and 495 users commented on it.
"It's strange, doesn't Sharia say that a child should stay with the mother after a divorce? But since the parties agreed to this, apparently there were some nuances there," commented user bell_19_19.
"According to Sharia, children stay with their mother. After they come of age, they can choose who the children themselves will be with," noted user ynn_88__.
"They apparently have "Chechen Sharia" - answered mutafira_fi_dunia.
"Why such strict rules? What do you mean - every two weeks for two days and until a certain time? Is it really impossible to let them go more often? A child needs a mother more than anyone else. Does no one care what the child needs?" - commented marya_dze
"Why was it her, the mother of the children, who was given such a condition? After all, in Sharia, children must stay with their mother if they are still small, or with whomever the children themselves want if they are already at the age of choice" - added asmi.world.
"There are women who simply silently took their children and left for Europe. They are simply great! When there is no way out, any methods are good" - believes magomaevazalin.
"The fact that only men are sitting in the composition says a lot. Everything is only in their favor", - noted sakhalinka_65region83.
"According to Sharia, children remain with the mother after a divorce until the child turns 7 years old. Adat cannot be higher than Sharia," berlinski_5 pointed out.
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 violation women's rights, said activists and human rights defenders interviewed by the "Caucasian Knot."
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