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What is the ruling on a divorced woman marrying when her family refuses to allow her to marry unless she returns her children to their father or leaves them with a relative, while the children wish to remain with their mother, bearing in mind that the mother is the one who raised them and their father did not want them?

1 min readAlso available in العربية

If the father passes away, the woman's guardianship transfers to her adult son, then to her brothers. Custody of children remains with the mother until the age of 7. After that, it transfers to the children's maternal grandmother (mother's mother) if the mother remarries, or to the father according to Ibn Taymiyyah. Custody of a male child ends upon his puberty and maturity. For a female child, scholars differ regarding custody after the age of 7, with opinions ranging from giving her the choice, to her remaining with her mother until she marries/menstruates, or until her husband consummates the marriage, or to her custody transferring to the father. Custody is both a right for the custodian and an obligation upon them. If the mother wishes to relinquish custody in order to remarry, and there is no one else to care for the children, she is obligated to maintain custody. Otherwise, custody transfers to the maternal grandmother or to the father. If the brothers unjustly prevent her from marrying, guardianship transfers to the next in line, or the judge may marry her off.

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

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