Grandparents visitation rights
What is the ruling for grandparents visiting their grandson who is under his mother's custody? Please take into account that our son, the child's father who was granted court ordered visitation rights, is always traveling.
Regulation of child custody
Custody regulations serve to protect the child, his welfare and interests. With this in mind, custody of a child may be transferred from one custodian to the next natural guardian as sanctioned by Islamic law.
Guardianship for raising a child
Islamic law prescribes custody as a means of protecting the child, including protecting his physical, moral and religious interests. Moreover, it provides the custodian with the opportunity to practice selflessness and generosity.
Child custody law
The objective of child custody law, derived from the Islamic Law revolves around the sole interests of the child. Article no. 20 of decree law no.25/1929 as amended by law no. 100/1985 states: "Each of the parents has the right to see the child. Grandparents have the same right in the absence of the charge's parents." 'In the absence of the charge's parents' means if they do not reside in the same city as the child or are deceased. This right was granted to grandparents because they are granted the status of parents in Islamic Law (if the parents are absent or unable to fulfill the child's rights).
A mother's custody of her child does not prevent the child's paternal relatives from taking care of him, housing and teaching him while he is in her custody. Since the grandfather is among the paternal relatives, he is explicitly entitled to visit the child of his absent son.
The Maliki scholar, Al-Dusuki, stated in his commentary on Al-Sharh al-Kabir by Sidi Ahmed al-Dardir: "The father and other relatives are entitled to see to the child's education and upbringing while he is in his mother's custody"; taking care of the child necessarily involves visiting him.
Both you and your wife are entitled to visit your grandchild during your son's absence since you are among his paternal relatives.
Allah Almighty knows best