What is the ruling on a wife and her five-year-old daughter remaining with the family of her deceased husband, given that there are two unmarried young men who are the husband’s brothers? Are the husband’s family entitled to custody of the child at this age? And what is incumbent upon the wife’s brother to do regarding his sister and her husband’s family?
A woman whose husband has passed away must remain in the marital home for the duration of her 'iddah (waiting period). If she was living with her in-laws, she stays with them, and must avoid uncovering her hijab or being alone with unmarried young men. If she was in an independent apartment, she completes her 'iddah there and should not move unless she fears for her safety. After the 'iddah, she may reside wherever she wishes, provided there is no fear of fitnah (temptation or discord). She should not remain in a single house with non-mahram men unless she has her own separate facilities, or the house is spacious with multiple rooms. The custody of a female child is her mother's right unless it is forfeited, such as by her marriage. The questioner should advise his sister and explain the Shari'ah rulings to her husband's family.
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