Does a divorced mother who was forced to give up custody of her children have the right to leave them against her will, and is her remarriage while she is still young considered a mistake?
The ex-husband does not have the right to prevent the mother from custody of children under seven years of age, for the mother has a greater right to them as long as she does not remarry. If she relinquishes custody, she has the right to retract. If the divorce was in exchange for her relinquishing custody, her right is not forfeited, but she must pay him a dowry similar to hers. As for children above the age of discernment (usually seven), they are given a choice between their parents, and whoever they choose has a greater right to them. There is no sin upon the mother for relinquishing their custody, and there is no objection to her marrying a man of good character and religious commitment.
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- Original fatwa ID
- 75733
- Imported
- Translation status
- Source text, unreviewed
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