What is the Shar'i (Islamic legal) and legal position regarding a man who divorced his wife through Khul' (dissolution of marriage at the wife's instance), and fears that he will be stripped of the custody of his two daughters whom he raised after his separation from his wife?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
When a husband and wife separate, custody of the children belongs to the mother unless there is a valid impediment, in order to safeguard the best interests of the minors. If the mother's right to custody is forfeited, custody transfers to the maternal grandmother according to the majority of scholars, with the clarification that when custody transfers to the father, it is stipulated that there must be a woman to undertake the care. The father's right to see his children is not forfeited by the mother having custody. In cases of dispute, the court decides on the matter of custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118925
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118925
- 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