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Why is a widower's custody treated like a divorced man's custody, and why is custody placed in the hands of someone other than the widower father?

1 min readAlso available in العربية

The best interest of the children is paramount in custody matters, and women are given precedence in custody due to their greater gentleness with young children. Indeed, some jurists stipulated the presence of a female with the man if custody transfers to him. The precedence of the mother or maternal aunt in custody does not negate the father's right to see and visit his children. It is advised to resolve the issue amicably to avoid negative impacts on the children, and to consider marrying the maternal aunt if there is no Sharia impediment or realistic justification for her husband, as this could benefit both the father and the children. The maintenance of the children is obligatory upon the father.

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

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