After a couple separates, maintaining contact between parents and their children is an important family issue. Religious scholars and legal experts say that in such cases, the children’s well-being, upbringing, and best interests should be given special attention. They say families should provide opportunities for children to maintain contact with both parents, especially their mothers, within the framework of Sharia and legal principles.
According to experts, the separation of a husband and wife does not mean the end of their relationship with their children. Families can create conditions for children to maintain contact with their parents by cooperating and reaching an understanding.
Legal experts say that decisions about family matters should take the children’s situation and the family’s circumstances into account. They add that if disputes arise, seeking help from the relevant authorities and using legal channels can help resolve the issue appropriately.
From the perspective of Islamic jurisprudence, paying attention to children’s circumstances and meeting their needs are also important. Religious scholars emphasize that parents remain responsible for raising their children even after separation and should cooperate and reach an understanding in this regard.
They believe that maintaining a good relationship between children and their parents can help give children greater peace of mind and help them continue their lives in a better way. Families can also create a more suitable environment for children by avoiding an atmosphere that causes tension.
Psychologists also say that after their parents separate, children need peace, attention, and support more than anything else. According to them, maintaining appropriate contact with both parents, especially the mother, when it is in line with the family’s circumstances, can help children maintain emotional and psychological stability. They add that disputes between elders should not affect their relationships with their children.
This comes as local traditions and customs in some parts of Afghanistan have, in some cases, resulted in women being deprived of contact with their children by their husbands, brothers-in-law, or elders of their husbands’ families immediately after separation. A number of residents in Afghanistan also describe such cases.
Religious scholars and legal experts also emphasize that, when necessary, families can seek advice and guidance from the relevant authorities so that family matters can be addressed in an appropriate atmosphere and based on the existing circumstances. They believe that the main goal in such cases should be to ensure the children’s well-being and a better future. Decisions should also be made according to the family’s circumstances and within the framework of religious values and legal principles.
They say that cooperation between families, mutual respect, and attention to children’s needs can help create healthier relationships between parents and children after separation and prevent unnecessary distance between them.
However, Mohammad Qanit, a religious scholar, says that from an Islamic perspective, the separation of parents does not mean the end of their relationship with their children. He says that both parents should retain their right to visit their children after divorce, unless such visits are not in the child’s best interests or are restricted by a court order.
“According to Islam, the separation of parents does not mean the end of their relationship with their children. Both parents have the right to visit their children. Neither the mother nor the father can deprive the other parent of the right to visit the children after divorce, unless the visit could harm the children. In such cases, one parent can be prevented from visiting the children based on a court order,” he says.
Asefa Amini, a legal expert, considers a mother’s right to visit her children a fundamental right. She says,
“Not having custody (Hizanat) does not mean that the relationship between a mother and her child ends. Based on family law principles and the best interests of the child, a mother has the right to visit her child, and this right should not be taken away without a legal reason. Even if the father has custody, he cannot prevent the mother from visiting her child without a court order.”
She also suggests several measures to reduce disagreements between parents over visiting their children.
“Clear and specific regulations on parents’ visitation rights should be created. Stronger enforcement mechanisms should be put in place to prevent violations of this right. Family counseling should be strengthened, and family disputes should be resolved quickly,” she adds.
Zakaria Barakzai, a psychologist, warns about the long-term vulnerability of children after divorce.
“When fathers and mothers separate, children may remain with one of them. A child can be psychologically affected by the absence of both a female and a male figure and may experience hopelessness and emotional deprivation. They may also lose trust in the people around them. They may experience the effects of this situation in the future in their careers, married lives, and social relationships,” he says.
Meanwhile, a number of women say that after divorce or separation, they are not allowed to visit their children. They say that being separated from their children and not being able to see them has become unbearable pain for them.
Reporter: Shamin Nijrabi
