Does the Muslim father's marriage to a Kitabiyyah (a woman of the People of the Book) forfeit his right to the custody of his Muslim daughter?
The father's rank in custody is delayed behind the mother and the female relatives of the child. A married mother has no right to custody, because one of the conditions for women's custody is not being married. For male custodians, it is stipulated that they have someone to assist them in custody. The majority of scholars prohibit a non-Muslim woman from having custody of a Muslim child, and even if the Malikis permit it, it is on the condition that the non-Muslim woman resides among Muslims. The presence of a Christian wife in the mosque to teach her daughter Arabic or prayer times is not considered, because she does not genuinely guide her daughter in matters of religion. Therefore, the father must marry a Muslim woman or provide a female custodian for his daughter; otherwise, his right to custody will be forfeited.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/79821
- Source platform
- Ftawy
- Original fatwa ID
- 79821
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy