Does the divorced husband of a divorced sister, who has three daughters under the age of seven and for whom he provides no maintenance, have the right to take custody from her if she remarries?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a mother is divorced and has young children under seven years of age, their custody belongs to her as long as she does not remarry. If she remarries, her right to custody is forfeited. The father must provide for his children if he is able to do so; if he refuses, he is sinful. The wife can compel him to do so through legal means. The best interest of the child in custody must be considered when determining who is entitled to custody. If the mother neglects her children or the father neglects them, the judge is the one who determines what is best for the children.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/29529
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 29529
- 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