How does the mother's custody of her daughter drop upon her marriage, despite the fact that the mother's husband is a forbidden (mahram) relative to the daughter, while custody transfers to a maternal or paternal aunt whose husband is not a forbidden (mahram) relative to the daughter, which could negatively affect the child's life psychologically and religiously due to the presence of a strange man with her in the same house?
The right of custody is not forfeited by the mother or other women, such as the maternal aunt or paternal aunt, due to their marriage, except under certain conditions. For women other than the mother, this applies even more so. If the custodian marries a non-mahram (stranger), her right to custody is forfeited because she will be preoccupied with her husband's rights. The Prophet, peace and blessings be upon him, said: "You have more right to him as long as you do not marry." This is the view of the Hanafis, Shafi'is, and Hanbalis. According to the Malikis, it is forfeited upon consummation of the marriage. However, if the custodian marries a relative who is a mahram to the child, her custody is not forfeited. This is the opinion of the majority of scholars.
Scholars have differed on the forfeiture of custody due to marriage, holding four different opinions: - First: It is forfeited absolutely, which is the view of Malik, Al-Shafi'i, Abu Hanifa, and one narration from Ahmad. - Second: It is never forfeited, which is the view of Al-Hasan and Ibn Hazm. - Third: If the child is a girl, custody is not forfeited, but if he is a boy, it is forfeited. This is a narration from Ahmad. - Fourth: If she marries a relative of the child, her custody is not forfeited; but if she marries a non-mahram, it is forfeited. The proponents of this view differ among themselves on three points: whether it is sufficient for him to be a relative, or if he must be a mahram relative, or if there must be a procreative relationship between him and the child.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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