Does the custody of children transfer to the father who is married after the death of his wife, or does the maternal aunt have the right to contest his custody, especially with unsafe conditions for the infant in the aunt's home?
Originally, the custody of young boys belongs to the parents as long as they are married. If they separate, the mother has a greater right to custody. After the mother, custody goes to their grandmother (the mother's mother). The schools of thought differ on the order of those entitled to custody after the grandmother and before the father. The Hanafis prioritize the mother's mother, then the father's mother, then the sisters, then the maternal and paternal aunts, and then the father. The Malikis prioritize the mother's mother, then her grandmother, then the maternal aunt of the child, and then the father. The Shafi'is prioritize the mother's mothers, then the father's mothers, then the child's sister, then his maternal aunt, then the daughters of sisters and brothers, then his paternal aunt, and then the father. As for the Hanbalis, they prioritize the father after the mother and her mothers. The custodian must be competent and trustworthy. The father's marriage does not prevent him from having custody. If the dispute is between the father and the maternal aunt, the maternal aunt is given precedence by the Maliki, Shafi'i, and Hanafi schools, while the Hanbalis prioritize the father. It is advisable to refer to the Sharia court and scholars of fatwa to ascertain what is customary in each country.
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- Original fatwa ID
- 80923
- Imported
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