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The question

Is a woman whose husband divorced her with three pronouncements while she was pregnant—and her husband did not pray, smoked, and married her through an ‘urfi or misyar contract—entitled to marry a righteous man who will help her with worship and raise her only daughter from her previous husband, out of fear for her daughter’s life from her father?

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

If your husband divorced you with an irrevocable divorce and your (waiting period) ended with the delivery of your child, then marriage becomes permissible for you. However, your marriage forfeits your right to custody, according to the Prophet's (peace be upon him) saying: "You are more deserving of him as long as you do not marry." Custody then transfers to the next deserving guardian. It is not permissible to conceal the marriage in order for the mother to retain custody when there is another guardian who has a claim to it. The father of the girl's transgression (smoking and neglecting prayer) nullifies his right to custody.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
95018
Imported
Translation status
Source text, unreviewed
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