The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 27 No 08, p.9

I am the maternal grandmother of a 4 year old girl whose mother (my daughter) has passed away.

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.

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The Majlis Vol 27 No 08
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9

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Appears under HASAD-ENVY. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.

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