I have a daughter who is 11 months old.My wife passed away a couple of days after my daughter was born. My daughter is now with her maternal grandparents. Initially a few days after the death of my wife, they used to send my daughter to my house. Now they are refusing to send her to my home. I and my parents shifted to a house which is very near to my in-laws house, after my wife’s death. My in-laws blamed my parents and tried saying bad things about them. Now i have married again a couple of months ago and i am living with my wife and parents. According to shariath, i came to know that maternal grandparents have the right to bring up the child for 9 years to which we agree and consent. It has been 2 months now and i am not allowed to see my child. Is there any law or what does shariath say in this case. My ex in-laws and their family members are very stubborn and refuse to send my daughter to my home. please advise.
Answer:
(Fatwa: 940/H=321/th=1432)
No one has the right to stop you from seeing your child now and then. It is injustice if your in-laws do so. Yes, they are alright if you want to bring her your home permanently and they refuse.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband