Custody of a child when the mother ...

Egypt's Dar Al-Ifta

Custody of a child when the mother dies

Question

What is the ruling regarding the custody of a child whose mother has passed away?

Answer

In Islamic law, custody refers to the responsibility of a mahram (unmarriageable) family member to care for and raise a child who cannot yet manage their own affairs.

The hierarchy of custody among women

The mother; maternal grandmother, continuing up through the maternal line; the paternal grandmother, continuing up through the paternal line; the child’s full sister; the child’s maternal half-sister; the child’s paternal half-sister; the daughter of the child’s full sister; the daughter of the child’s maternal half-sister; the child’s full aunt; the child’s maternal aunt; and so on.

Accordingly, custody of a young child first passes to the maternal grandmother followed by her female ascendants, then to the paternal grandmother, followed by the full sister, and so on in accordance with the order outlined above.

And Allah Almighty knows best.

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