Is it permissible for the paternal uncle and his wife to have custody of their deceased brother's children, given that their mother has married someone else and the children's paternal grandparents have relinquished custody?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The person with the most right to the custody of the children here is their maternal grandmother, unless she is incapacitated or relinquishes her right, in which case the maternal aunt takes precedence. Distinguishing children are given a choice between the grandmother and the closest male relative (the father in this case), and they will reside with whomever they choose. If the grandmother is unable to provide custody, then the maternal aunt takes precedence. Custody can be given to the mother if she is fit for custody and not preoccupied by her husband's obligations.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/96421
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 96421
- 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