Who is more entitled to the custody of a young girl: the mother or the paternal family, in the event that the father has been sentenced to qisas, or after qisas has been carried out, or in the case of divorce? And does the ruling change if the mother remarries?
The mother has a greater right to custody of the child until they reach the age of discernment, but this right is forfeited upon her marriage due to her preoccupation with her husband. Ibn al-Mundhir conveyed the consensus of scholars on this matter, and it is supported by the hadith of Abdullah ibn Amr: "You have more right to him as long as you do not marry." Accordingly, the mother has a greater right to the custody of her daughter as long as she does not marry. The father's family has no right [to custody] unless the mother marries after the separation. It is advisable to resort to the Sharia court to resolve these matters.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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