To whom does child custody go after the mother's death: to the maternal grandmother or to the father, and what is the method followed to prove the maternal grandmother's right to custody, and will the lawsuit be in her favor under the aforementioned circumstances?
The majority of scholars hold that custody, after the mother, transfers to the maternal grandmother. However, there is a narration from the Hanbalis stating that the father is given precedence over anyone else if he has no impediments to custody. When custody transfers to the father, some scholars stipulate that a woman must be with him to undertake the childcare. It is not permissible for the custodian to prevent the parents and grandparents of the child from visiting. The expenses for the children's maintenance and clothing are obligatory upon the father. The schools of thought differed regarding the order of those entitled to custody, and scholars disagreed on the custody of children after the age of seven. Some held that the girl should remain with her father, while the boy is given a choice between his parents. Since the matter is subject to scholarly disagreement, the Sharia judge is the one who decides it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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