Is it permissible for a father to file a complaint against his deceased daughter's husband, preventing him and his family from burying her and offering condolences, and is it permissible to demand to see his grandchildren away from their father's home?
The ruling on preventing a wife from visiting her family was previously explained in Fatwa no. 90930. You have no right to prevent your sister's husband and his family from attending the funeral, as this will only increase animosity. There is no harm in burying your sister in your country rather than her husband's country, as her guardians are more entitled to her after her death. Ahmad held the view that relatives take precedence over the husband in guardianship after death. Your sister's inheritance is a right for all her heirs, and the matter must be referred to the Sharia court for the division of the estate in case of dispute. The deceased's children who are above seven years of age are given the choice between residing with their father or their maternal grandmother. If they are under seven years old, their custody belongs to their maternal grandmother. Whoever has the right of custody is not permitted to prevent the other party from seeing and visiting the child under custody. If there is no agreement on custody, the matter must be referred to the Sharia court.
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