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Who gets Custody?

Answered as per Hanafi Fiqh by Mahmoodiyah


Respected Mufti Saheb


My niece passed away recently. Please make Du’aa for her.  She is survived by her two little daughters, 5 years and 9 months in age respectively.  Please inform us regarding who has the right to custody over these children in the light of the Shari’ah.  Your urgent reply will be appreciated.  May Allah reward you.




الجواب حامدا و مصليا

In the abovementioned scenario the maternal grandmother has the right of custody of the children.  If the maternal grandmother is not alive then the right passes on to the paternal grandmother.  If the paternal grandmother too is not alive then it will pass on to the maternal aunt (mother’s sister).

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah


23 August 2006

28 Rajab 1427

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