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?
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 Sharia court.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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