Does the husband have the right to claim custody of the child if his ex-wife moves to live in another city that makes it difficult for him to see the child? Is it permissible to resort to non-Islamic courts to rule on child custody between Muslim spouses residing in a non-Islamic country? Does a woman automatically forfeit her right to custody if she remarries?

The fundamental principle regarding custody is that it belongs to the mother, as long as she does not remarry. This is based on the saying of the Prophet, peace and blessings be upon him: "You are more deserving of him as long as you do not marry." The matter of custody is built upon the child's best interest. So, if the child's travel with one parent would harm him, then custody shifts to the parent with whom the child's travel would not be harmful. It is not permissible to resort to non-Islamic courts to arbitrate custody matters; rather, one must refer to Islamic centers and scholars, based on the verse: "And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers." If the mother remarries, her right to custody is forfeited.