Is a divorced woman entitled to claim child support for the child and a nursing wage for breastfeeding, even if she does not breastfeed him from her breast, and even if the mother capable of caring for and breastfeeding the child is present?
The mother has the primary right to her child's custody. Custody transfers to another person if there is a legal impediment on her part, such as her immorality (fisq) or marriage. It then transfers to the next most entitled person according to the order established by the jurists. The maternal grandmother is given precedence over the paternal grandmother by the majority of scholars. The custody fee is incumbent upon the father, according to the majority of scholars, as is the breastfeeding fee, or the cost of purchasing and providing milk to the infant. This falls under the infant's maintenance, which is the father's responsibility. In case of dispute, the Sharia court will adjudicate the matter.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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