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Sunan Abi Dawud 2276 (Book 13, Hadith 102) #22567
Rights of a Divorced Mother

SUMMARY: A woman asked the Prophet Muhammad (PBUH) about her rights to her son after being divorced by his father, and the Prophet (PBUH) said that she has more right to him as long as she does not remarry.

'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported: A woman said: Messenger of Allah, my womb is a vessel to this son of mine, my breasts, a water-skin for him, and my lap a guard for him, yet his father has divorced me, and wants to take him away from me. The Messenger of Allah said: You have more right to him as long as you do not marry.
حَدَّثَنَا مَحْمُودُ بْنُ خَالِدٍ السُّلَمِيُّ، حَدَّثَنَا الْوَلِيدُ، عَنْ أَبِي عَمْرٍو، - يَعْنِي الأَوْزَاعِيَّ - حَدَّثَنِي عَمْرُو بْنُ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ عَبْدِ اللَّهِ بْنِ عَمْرٍو، أَنَّ امْرَأَةً، قَالَتْ يَا رَسُولَ اللَّهِ إِنَّ ابْنِي هَذَا كَانَ بَطْنِي لَهُ وِعَاءً وَثَدْيِي لَهُ سِقَاءً وَحِجْرِي لَهُ حِوَاءً وَإِنَّ أَبَاهُ طَلَّقَنِي وَأَرَادَ أَنْ يَنْتَزِعَهُ مِنِّي فَقَالَ لَهَا رَسُولُ اللَّهِ ‏ "‏ أَنْتِ أَحَقُّ بِهِ مَا لَمْ تَنْكِحِي

TOPICS
divorce  *  motherhood  *  custody  *  rights

QUICK LESSONS:
Respect your mother even after divorce or separation; Stay together with your partner for your child’s sake; Take responsibility for your child’s upbringing and welfare even after divorce or separation; Follow Islamic teachings regarding marriage and family life; Treat others with kindness regardless of marital status or gender .

EXPLANATIONS:
This hadith speaks about the rights of a divorced mother over her son. The woman in this hadith was asking for advice from the Prophet Muhammad (PBUH). She was worried that her ex-husband wanted to take away their son from her and she wanted to know if she still had any rights over him. The Prophet Muhammad's response was that as long as she did not remarry then she would have more right over him than anyone else. This teaches us an important lesson about how mothers should be respected even after divorce and how they should be given custody of their children if they do not remarry. It also shows us how important it is for parents to stay together for the sake of their children so they can grow up in a loving environment with both parents present in their lives.

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