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Can we legally take custody of our brother’s children and provide them with a better education?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I would like to ask one question. 18 months ago my brother died. He has 4 children and wife. Children are 7, 8, 4 and 2.6 years old and they are living with us. And my sister-in-law does not want to live with us and we do not want to loose children. And we would like to take care of our brother’s children. Our mother is alive. Can we take care of them or not? We would like to give better education to our brother’s children and what about my sister-in-law? Can you please reply me?

Answer

(Fatwa: 1097/920/B=1433)

It is commendable idea. If you want to nourish only out of Islamic sympathy, affinity as well as for the sake of Allah then Almighty Allah has promised that such a person shall go to paradise who nourishes an orphan. Such person shall also be close to the holy Prophet Muhammad (صلي الله عليه وسلم). It is an act of high reward. If your bhabhi does not want to stay with you then how would she bring up the child?

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.