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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/81065
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 81065
- 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