Mufti Online — Madrasah Ta'leemuddeen

Custody of children if a woman remarries

· 27 Muharram 1447 AH1 min readEnglish

Question

I have three daughters (ages 3, 5 and 8) from my ex-wife. If she remarries someone who is not her mahram, how would custody of the children work?

Answer

She will lose the right of custody and then it will move on to her mother.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/36012
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36012

People also ask

Who gets custody of the children after divorce?

“As per Islamic law, custody of a child in the case of separation between the spouses, revolves around both parents depending on the age and gender of the child. In the case of a boy, the mother is entitled to custody until the…”

Ibn Masood · 93 fatawa from 8 Darul Iftas on this

What the Darul Iftas say

Related fatawa