Does the custody of daughters transfer to the father when the divorced parents reside in different areas, what are the legal procedures for considering the best interest of the child in custody, and does the father's repeated marriage affect custody?
Custody transfers to the father if he resides in a different country than the mother, and this is the opinion of the majority of scholars. The preponderant opinion is to consider the best interests of the two daughters, and the Sharia court decides this. The details of the judicial procedures follow the laws of the country. Among the conditions for custody is that the place must be suitable for the child such that they are not harmed. It is also stipulated that the place must be a fortified sanctuary for a daughter who is feared to be corrupted, but this is not a condition for a young daughter (3 years old or less). The father's repeated marriages do not affect custody.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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