Is a divorced woman entitled to custody of her five-month-old daughter, given her unavailability and the unavailability of the child's grandmother and aunt?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The mother has a greater right to custody than anyone else when the spouses separate. Her being a student and her mother being employed does not invalidate her right to custody. Rather, her right is invalidated only if she marries a man who is a stranger to the daughter, or if she has an impediment that prevents her from having custody. Scholars have differed on whether the custodian can waive her right or not. In case of dispute, recourse should be made to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149988
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 149988
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy