To whom does the guardianship of children fall after the father's death, to the paternal uncle or to the mother?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If by "guardianship" you mean authority over the property of minor children, then neither the mother nor the paternal uncle has a right to it. Rather, it belongs to the father, then the paternal grandfather, then the executor appointed by the father or the grandfather; otherwise, it falls to the judge. This is the view of the Shafi'i school. However, if by "guardianship" you mean custody, then those entitled to it have already been explained.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/46403
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 46403
- 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