Does a father forfeit his right to custody of his children from his ex-wife if he fails to provide for them, despite being able to do so? And is he entitled to take them from her if she remarries?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is agreed upon that the mother has a greater right to the custody of the child until they reach the age of discretion. Her right to custody is forfeited if she remarries, due to a conflict of interests. The maintenance of children is obligatory upon the father by scholarly consensus, and it includes everything they need, estimated according to the father's financial capacity. The divorced mother is entitled to compensation for breastfeeding the child. If the father refuses to spend on his children, his right to custody is forfeited, as he has failed to uphold the interest of the child in his custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7579
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7579
- 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