my sister became widow one year back and having one son 11 years old and seven years old inform me in whose custody the abovemetnioned two childrens should live. whether with my sister or sister’s father in law or mother in law. presently both the children are in the custody of my sister’s fatherin law. Whether can my sister claim for the children custody with me.

Answered according to Hanafi Fiqh by

بسم الله الرحمن الرحيم

(Fatwa: 1029/836=L/1430)


If the woman does not marry any non-mahram of the children, she will have right to keep a son till 7 of his age and a daughter till 9 of her age. Then, the right of upbringing shifts to father or grandfather. So in the case mentioned above, she cannot claim to keep the son with her, but she can keep the daughter for more two years.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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