What is Islam's stance on the ill-treatment of a deceased brother's widow, her solitary grief, and people's coercion to force the mother to relinquish her rightful share of the inheritance in favor of the deceased's young children? And how should one deal with a widow who might prevent her in-laws from seeing their children?
One should not insist that heirs relinquish their legal share of inheritance, as this falls under begging from people and contradicts modesty and self-sufficiency. If money is taken from them without their willing consent, it is not permissible for the recipient, due to the Prophet's (peace be upon him) saying: "The wealth of a Muslim person is not permissible [to take] except with his willing consent." Taking something by "the sword of shyness" is akin to physical coercion.
The brother's wife should fear Allah concerning her husband's family. She should not prevent her children from visiting their grandparents, paternal uncles, and paternal aunts. She should refrain from asking them for money and rely on Allah for the sustenance of her children.
Regarding custody, it remains with the mother until the child reaches the age of seven. What happens after that is a matter of disagreement among jurists. The preponderant view is to consider the child's best interest. If one of the parents or their representative is more beneficial for the child, they are given precedence over the other. If the father is absent, the asabat (agnate relatives) take his place.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/103514