What is the legal ruling regarding a mother in her waiting period (iddah) being deprived of her two children (one year and ten months, and seven months) by the family of her deceased husband, who live in a neighboring country and are without a mahram, and whose husband's father is deceased, while she works as a teacher in the UAE?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The mother has a greater right to the custody of her children as long as she does not remarry or there is no impediment such as immorality, incapacity, or harm to the child. The guardian of the child has the right to care for him.
If you have not remarried, then you have a greater right to custody, and they must provide you with maintenance and housing from your children's money, or failing that, from whoever is obligated to provide maintenance, such as uncles and others, because housing is considered part of maintenance according to the Shafi'i and Hanbali schools. The Maliki school holds that the father is responsible for the rent of the dwelling.
Summarized from the full answer at Ftawy · imported
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- 81938
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