Does the divorced woman forfeit her right to custody if she remarries and her new husband does not live with her and her daughters in the same dwelling?

The jurists have agreed that the divorced mother's right to custody is forfeited if she marries a stranger to the child, based on the Prophet's (peace be upon him) saying: "You are more entitled to him as long as you do not marry." However, if she marries someone who is not a stranger to the child, her custody is not forfeited according to the Hanbalis. The wisdom behind the forfeiture of custody lies in the mother's preoccupation with her husband's rights, which may harm the child.

If the mother's custody is forfeited, the jurists differed on who is most entitled to custody thereafter. The majority held that it transfers to the maternal grandmother. It was reported from Ahmad that the paternal grandmother is preferred over the maternal grandmother, and Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim preferred the father over the maternal grandmother.