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The issue is, if one of the parents of a child converts to Islam, is that parent automatically entitled to child custody over and above the non-Muslim parent? From the Islamic perspective, Muslim jurists disagree on this issue. In a hadith recorded by Abu Dawud (#2244): Abdul Hamid bin Jaâ€™far reported from his father on the authority of his grandfather Rafiâ€™ bin Sinan, that he (Rafiâ€™ bin Sinan) embraced Islam, but his wife refused to do so. So she went to the Prophet and said: â€œShe is my daughter, and she is weaned, or almost weaned.â€ And Rafiâ€™ said: â€œShe is my daughter.â€ So the Prophet told him, â€œSit on this side,â€ and told her, â€œSit on that side,â€ and then placed the girl between them. He then said to both of them. â€œCall her.â€ The girl went towards her mother, but the Prophet said: â€œO Allah! Guide her,â€ so she went to her father, and took her.
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