Question
I am the maternal grandmother of a 4 year old girl whose mother (my daughter) has passed away. Her father (my son-in-law) has recently remarried and taken away the child without my consent. Since the passing away of the mother, I have had custody of the child and I was taking full care of her. Now the child's father who has remarried refuses to bring back the child. What are my rights towards the child in terms of the Shariah?
Answer
According to the Shariah you, the maternal grandmother, are the lawful and rightful custodian of the child. Her father is not the custodian. While he can visit the child and have full access to her, he has no right of denying you custody. His act of depriving you of your Shar'i right of custody is haraam.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 08
- PDF page
- 9
Appears under HASAD-ENVY (approximate).