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Custody Battle in Islamic Law: Can Maternal Grandparents Take Over?

Q: In islamic law when the parents are divorced the father gets custody of the kids when they are 7 (boy) & 9 (girl). What happens if the mother does not want to give the children to the father? The father is remarried and has children with the new wife. (The siblings all get on well) The mother has not remarried and works. She is away for 11 hours a day, Monday to Friday and works every second Saturday. Can the maternal grand-parents take custody?

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A: Refer to http://muftionline.co.za/node/1837

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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