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The question

Is a mother entitled to custody of her children after marrying someone other than their father, taking into account that she lives in a Western country that legally grants her this right, and is it permissible for her to follow these laws if she believes she will provide her children with a better Islamic upbringing?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The mother has the right to custody of the children unless she remarries. If she remarries, the right transfers to her mother. If [the maternal grandmother] relinquishes [custody], the right transfers to the father. The mother is not permitted to infringe upon the father's right to custody unless he is a transgressor (fasiq), in which case she may then utilize the law to retain the children.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
81065
Imported
Translation status
Source text, unreviewed
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