What is the ruling on the husband, upon his return, demanding his full financial rights and forcibly retrieving his son, after his wife married his brother, believing him to have drowned, and refused to return to him?

The resolution of dispute cases falls within the purview of the judiciary, as it is best equipped to hear all parties to a dispute and issue a judgment. As for the Mufti, he hears only from one party and therefore cannot issue an accurate ruling in such cases.

However, for general guidance and instruction: Firstly: It is not permissible for the wife of an absent or missing person to marry unless his death is proven, either actually or judicially, and her 'iddah (waiting period) from him has expired.

Secondly: If the marriage is ruled to be valid for the first husband, the wife is not permitted to refuse him; otherwise, she would be considered defiant (nashiz). He then has the right to restrain her until she ransoms herself from him with money.

Thirdly: If the marriage is ongoing, custody is a right for both parents. If they separate, custody is the mother's right until she marries, at which point custody transfers to whoever is most deserving thereafter. The father may also be entitled to custody under certain conditions.