Is a mother entitled to the custody of her mentally disabled children after her divorce from their father, especially if she remarries, and is it permissible for her to dispose of some of their wealth?
Custody is the preservation and care of those unable to manage their own affairs, such as minors, the insane, and the mentally infirm. The mother has a greater right to the custody of her minor, insane, and mentally infirm children than the father, unless she remarries.
If the mother remarries, her right to custody is forfeited, and the right transfers to the father, or to the next person in line of entitlement. The best interest of the child in custody must be observed. If it is better for the child to remain with the mother, they stay with her. If the father neglects his children, the judge will rule on the matter.
As for managing the child's property, a poor custodian is permitted to partake of the child's property in a reasonable manner, but this is not permissible if she is wealthy.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 7519
- 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