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When is the paternal uncle entitled to the custody of the two children after the death of their father, who left behind a wife, a son, and a daughter under the age of seven?

1 min readAlso available in العربية

The jurists agree that the mother has the most right to custody of her children as long as she does not remarry. Custody ends at an age over which scholars differ. If custody transfers, the paternal uncle takes the place of the father in custody if the child has no father, grandfather, or siblings. The closest male agnate takes precedence, so the paternal uncle is entitled to custody if the father, grandfather, or siblings are absent, or if there is an impediment preventing them.

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

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