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To whom does the custody of the deceased woman's daughters belong: to the father, or to their maternal grandmother, knowing that the father demands scriptural proof if the custody is to be with the girls' grandmother? And is the father liable for blood money due to his causing the wife's death, and is his action considered involuntary manslaughter?

1 min readAlso available in العربية

Firstly: Custody (حضَانة) is the upbringing and care of a child. Scholars have differed regarding the order of priority for those most entitled to it. The majority of scholars hold the view that the maternal grandmother (mother's mother) is to be given precedence, while Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim held the view that the father is to be given precedence. Ibn al-Qayyim clarified that the woman is given precedence in custody due to her ability to raise the child, and that it is correct to prioritize the female when the degree [of relation] is equal. As for Sheikh Ibn Uthaymeen, he favored giving absolute precedence to the closest relative. If they are of equal degree, the female is given precedence. If they are both males or both females, lots are drawn between them, and the paternal side is given precedence.

Secondly: If the husband drove the car at an excessive speed, causing the accident, he is liable for what was damaged. He is obligated to pay the expiation for accidental killing (كفارة القتل الخطأ) for each deceased person. He is also obligated to pay the blood money (دية) to the heirs of the deceased if they demand it. The blood money is incumbent upon his 'āqilah (male agnates), and if that is not possible, then upon him. Experts should be consulted to determine the cause of the accident.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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