To whom does the guardianship (custody and care) of two orphaned children—one four years old and the other two years old—belong if they have no paternal uncles, no paternal grandfather, and no paternal grandmother, but they do have paternal aunts and a maternal grandmother, with one of the paternal aunts desiring guardianship?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the father dies and the mother is not mentioned [in the question], then if the mother is alive, she has the most right to custody. If she is also deceased, then the maternal grandmother who is alive has the most right to custody. If the maternal grandmother waives her right to custody, then the paternal aunt has more right to it, provided there is no one else with a stronger claim. As for the management of the children's wealth, it belongs to whomever the father designated for that purpose. Otherwise, the local judge will assume guardianship over them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/105520
Where this answer came from
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- Ftawy
- Original fatwa ID
- 105520
- 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