Is it permissible for a widowed mother to retain guardianship over her child after marrying another man, with the approval of the child's paternal uncle, knowing that she was the guardian before her marriage?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the child is at the age of حضانة (custody), and the mother is the custodian and guardian over him, and she marries a non- (foreigner), some scholars have favored that this marriage does not invalidate her custody. A has been issued to this effect, because the right of guardianship is not nullified by marriage. However, if the child has passed the stage of حضانة (custody), the mother's guardianship over her son remains and is not invalidated except by betrayal, incapacity, or her withdrawal from it. Custody ends when the boy reaches seven years of age, whereupon he is given a choice between his parents.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/147989
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 147989
- 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