I got two boy babies 4 years & 1.3 years old. My wife demised on Oct 3rd 2013 due to blood cancer. My Mother in law is widow got 2 sons both are unmarried age 22 & 24 in that one is working in Chennai, and the other one working in Bangalore, she is residing alone all day time. My mother in law age 50 years (aprx) formed a Jamaat in her house which is in Bangalore to discuss about the children’s growth and wife’s property, in presence of family members from both sides, I took full responsibility of my both the children, I don’t want to break the relationship, let the children go and come with my elder brother in law who is working in Chennai, for that she agreed. Now she is telling I will take care of my elder son as per Shariah, you take care of younger one. My parents, sister, brother are alive and healthy. Her house distance is around 7-8 hours from my place Chennai. She is mentally disturbed by the death of her husband and daughter. I request your advice as early as possible with authenticate daleel and dawah.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 525/525/M=04/1435)

In the case mentioned in the question, both your sons will be in the custody of your mother in law (their maternal grandmother) up to 7 of their age, and you will have to pay all their expenses. After seven years, you can take them in your custody.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband