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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.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
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

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

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