I have three wives and my third wife has one daughter of age 10 years from her first husband and she took Khula Eight year before from her first husband. Since that time her daughter is staying with my third wife, her husband did not see her daughter till date and he did not pay any money for her daughter. I married with my third wife in 2008 and by the grace of Allah I am paying all expenses for my third wife and her daughter. My questions are 1. First husband is liable to ask possession of his daughter at any time in life? 2. If he demand possession of his daughter then what to do in this regards? 3. What will be my status with regards to my wife’s daughter in terms of Mahram?

I have three wives and my third wife has one daughter of age 10 years from her first husband and she took Khula Eight year before from her first husband. Since that time her daughter is staying with my third wife, her husband did not see her daughter till date and he did not pay any money for her daughter. I married with my third wife in 2008 and by the grace of Allah I am paying all expenses for my third wife and her daughter. My questions are 1. First husband is liable to ask possession of his daughter at any time in life? 2. If he demand possession of his daughter then what to do in this regards? 3. What will be my status with regards to my wife’s daughter in terms of Mahram?

Answer

(Fatwa: 1055/1055/M=1432)

(1) Her previous husband i.e. the father of the girl can claim the custody of his daughter. He shall be sinful for not taking any care of his daughter until now.
(2) When the girl attains puberty, she shall be free to choose whether to live with her mother or father. Father cannot compel her after she attains puberty to keep her with him. Yes, he may claim before it. If he claims and there is no fear of any harm, she should be given to the father.
(3) If you have had intercourse with your third wife, her daughter became haram for you and you became her Mahram forever.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband