Is it permissible for the father to request the mother's oath regarding his relinquishment of custody to her, given that the judge rejected this on the grounds that the matter does not pertain to financial assets and the father has no evidence?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Custody is the mother's right unless she marries. If she marries, custody transfers to the female who is next most entitled to it, according to the jurisprudential order. If the children's grandmother is the most entitled to custody, then it is hers by right according to Islamic law, regardless of the father's waiver or his oath. The judge's statement that there is no oath involved here because it is not related to money is correct, as oaths are administered in matters of wealth or what leads to it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/115290
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 115290
- 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