What is the ruling of Islamic law regarding the father's right to custody of his children after the mother's death, and is the father held accountable if he is deprived of their custody based on the law?
The majority of scholars hold that custody after the mother goes to the maternal grandmother, unless there is an impediment with her, except that the Hanbalis believe in prioritizing the father over others besides the mother. When custody transfers to the father, the presence of a woman to undertake the custody is required. Scholars differ on the age at which custody ends. Some are of the view that a girl stays with her father after the age of seven, and a boy is given a choice, while some believe in giving everyone a choice. When there is a dispute in this matter of contention, one refers to the Sharia court. The father's guardianship in disciplining and educating the children does not cease even if they are in the custody of someone else, and he must continuously maintain ties with them, educate them, and discipline them according to his ability.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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