Does a mother's leaving her three-and-a-half-year-old daughter with a Buddhist domestic worker during the working hours of the divorced, non-divorced mother, constitute grounds for her to lose custody, given that there is no other companion in the house except an elderly, hard-of-hearing grandfather? And if it does not constitute grounds for losing custody, what is the appropriate measure to prevent the child from permanently staying with this Buddhist worker, especially since the mother relies heavily on her for the child's care?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
If the wife is disobedient (nashiz) and no divorce occurs, then custody is shared between the spouses. If a divorce takes place, the mother has a greater right to custody unless there is an impediment, such as immorality or marriage. Custody means preserving, raising, and caring for the child. If the child's remaining with the custodian would harm the child, then it is permissible to demand the forfeiture of the custodian's right. Issues involving disputes must be presented to the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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