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Fatwa CenterHe has a joint guardianship of a baby girl with his barren ex-wife
Question
Assalamualaikum, I have recently given Talake Baine to my wife . She was barren so we were fostering a baby girl. She is now of 2 yrs. By the law we got legal guardianship of the baby jointly from court. It’s not an adoption. . I don't want to keep in touch in any means with my ex. So I don't want to take any responsibility of the baby as she is staying with my ex. Legally the baby is still under our joint guardianship. I can apply to get rid of the guardianship. It will surely be embarrassing to my ex's family and the baby. If the baby is given to me solely I am happy to take care, but I don’t think they will agree on that. I have concern that they will not let her to go to Islamic school as I wished. My ex prefer to educate her in secular school. Will it be sinful if I don't take any responsibility of the baby? Pls let me know what can I do?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If there is an authority to take care of this baby girl and protect her from being harmed, then it is permissible for you to request that you renounce her custody and it does not matter if this matter will cause embarrassment to the family of your ex-wife.
The jurists 
stated that taking care of a foundling is a communal obligation. Khaleel 
said in his book “Al-Mukhtasar” on the Maaliki Fiqh: “Taking a foundling is a communal obligation.”
‘Ulaysh said in his book entitled “Minah Al-Jaleel”, commenting on Khaleel’s provious statement: “Protecting the human soul is a communal obligation if someone does it on behalf of others as by doing so, one protects the soul. One is not obliged to take an adult or a child who is not deserted; one knows whether or not the child is deserted through accompanying circumstantial evidence.” Moreover, Ibn Shaas said: “Every foundling who does not have a caretaker, then taking him is among the communal obligations.”
Besides, Mataalib ‘Uli An-Nuha, which is a Hanbali book, reads: “Taking a foundling is Islamically a communal obligation as Allaah Says (what means): {Help you one another in virtue, righteousness and piety but do not help one another in sin and transgression.} [Quran 5:2]” The same book also reads: “The (Muslim) ruler may take him from the person who took him (i.e. if he is untrustworthy), and hand him over to another trustworthy person to nurture him.”
Therefore, if you fear that your ex-wife will be negligent about nurturing this baby girl, then you may take the case to an Islamic judge to look into the matter.
Allaah Knows best.
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