Fatwa ID: 04845
Answered by: Mufti Mohammed Tosir Miah
Question
Who deserves the custody of the child after the mother?
In the name of Allah, the Most Gracious, the Most Merciful
Answer
The right of custody will be taken away from the mother if she leaves Islam or indulges in sins such as adultery and there is a fear of the child being affected. (Raddul Muhtar p.253 v.5)
Thereafter, the custody will be given to the following people:
- Maternal grandmother (Sunan Baihaqi, No: 15766)
- Paternal grandmother
- Full sisters
- Maternal half-sisters
- Paternal half-sisters
- Maternal aunts
- Paternal aunts (Sahih Bukhari p.371 v.1 & Sunan Abu Dawud p.331 v.1)
Thereafter, it will be given to the male relatives of the child:
- Father
- Paternal grandfather
- Real brother
- Paternal brother
- Maternal brother (Raddul-Muhtar p.252-265 v.5)
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
