No. Jafar, I believe, is NOT right.
This, extracted from his post, says ..
when it is quite clear in Islamic law from the Qur'aan that the women if of sound mind, MUST have custody of the children up until the age of decision (9y/o for girls)
See this ...
http://islamqa.info/en/ref/153390
Not quite the same as Jafar's assertion .. is it ??The mother has more right to her children – if they are below the age of discernment – that her husband, so long as she does not get married. If she gets married then the children go back to their father.
Once the children reach the age of discernment, they should be given the choice between their parents.
This applies if the father and mother are equal in terms of religious commitment and good character. If one of them is of bad character and not very religiously committed, he or she should not be given the right of custody, because what counts is what is in the best interests of the child, and his interests cannot be served with one who will neglect the child’s rights. This is what is indicated by the hadeeths and this is what was mentioned in fatwas by the most prominent scholars.
If the mother doesn't get married .. if the mother is 'of good character' .. if she is 'religiously committed' .. then she should be favoured. So there's rather more than just the one condition to meet, which Jafar asserts is true.
My thinking is that the woman quoted in Marcus's example was being entirely truthful. Since she'd gone on record to speak out against Islam's tyrannical truths, so, from Islam's perspective, she'd neither be 'religiously committed', nor even thought to be 'of sound mind'. For this, both she and the child must be made to pay a price.
So ... Islamic tyranny would've kicked in, and the mother would've been denied custody .. no doubt on the basis that what was more important was the allegiance the child MUST have to Islam, rather than to be brought up by a loving and doting mother.
.. Such, I suggest, is Islam's inhumanity.
Reply With Quote