Is the father, if he is mentally ill and in prison, entitled to custody of the daughters, given that he refuses divorce? And to whom does custody transfer after the mother? And is the paternal grandmother entitled to custody?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife being harmed by her husband's illness permits her to seek divorce.
Custody belongs to both parents as long as the marriage subsists. If they separate, then custody belongs to the mother, by scholarly consensus. After the mother, custody transfers to the maternal grandmother according to the majority of scholars.
Child support is obligatory upon the father.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/127339
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 127339
- 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