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What is the legal ruling regarding the right of the child's paternal grandmother to see her grandchild, and is she entitled to take him to her home, especially if the father is traveling and not paying maintenance? And does this right cease due to the harm inflicted upon the mother by the grandmother and the father?

1 min readAlso available in العربية

The first step in resolving disputes is to present them to the competent authorities. A judge rules based on what he hears, and his judgment is binding and resolves the dispute.

We have not come across any statements by jurists regarding the issue of sending a child under custody to his grandmother. However, whichever parent has custody, he or she is not allowed to prevent the other parent from seeing the child.

It is stated in al-Fatawa al-Hindiyya: "When the child is with one of the parents, the other is not to be prevented from seeing him and looking after him."

And in Sharh Zarruq: "She [the mother] should not prevent him [the child] from going to his father and his teacher, and he should reside with his mother."

Al-Shafi'i said: "If he [the child] chooses his father, his father should not prevent him from coming to his mother, and her coming to him on certain days."

Al-Ruhaibani said: "A man is not prevented from visiting his daughter if she is with her mother, provided he does not seclude himself with her or prolong his stay."

Whenever agreement and avoidance of dispute are possible, it is preferable, for disagreement is evil.

The maintenance of a young child is obligatory upon his father in all circumstances. The father is not allowed to refuse to spend on him due to disagreement with the mother. Ibn al-Mundhir said: "All scholars from whom we have preserved knowledge have unanimously agreed that a man is obligated to provide for his young children who have no wealth."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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