Does the Sharia obligate a divorced mother, who has embraced Islam and has children under her custody, to relinquish the custody of her children to their father if she wishes to marry another man?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The scholars have unanimously agreed that the mother forfeits her right to custody of her children if she remarries. The wisdom behind this is the welfare of the child in custody, as the mother's preoccupation with her husband's rights may lead to her falling short in caring for her children. Custody, after the remarried mother, transfers to the woman who has a greater right to it among women, and it does not transfer to the father unless there is no woman who has a greater right. Therefore, if a woman wishes to retain custody of her children, she should not marry.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/114232
- Source platform
- Ftawy
- Original fatwa ID
- 114232
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy