What are a father's rights and duties in raising his children after their mother's divorce and her marriage to another man? Does he have the right to claim custody of the children? Is there a textual religious proof that supports a father's right to raise his children?
The mother has a greater right to custody of her children before the age of seven, unless she remarries, based on the Prophet's (peace be upon him) saying: "You have a greater right to him as long as you do not remarry." If the mother remarries, her right to custody is forfeited.
After the mother, the right of custody transfers to the next in line. Scholars have differed regarding who has the greater right. Some believe the maternal grandmother has a greater right, while others, like Sheikh al-Islam Ibn Taymiyyah, believe the father is more deserving.
Custody aims to protect and care for the child. The right of the custodian is forfeited if they are فاسق (sinful/unrighteous) or neglectful. Parents must cooperate for the well-being of their children. A believer accepts the ruling of Allah and His Messenger (peace be upon him).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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