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🌍 Children, inheritance & global · #46

If I (a widow) remarry, do I lose custody of my children?

According to the hadith, the mother is entitled to custody of the child "as long as she has not remarried". So in the Shafi'i school, the mother's right of custody (hadhanah) may lapse when she marries a man who is not mahram or a close relative of the child, and the right passes to the maternal grandmother and so on. But if the new husband is a relative of the child (for example an uncle), the right does not lapse. In Malaysia, the Syariah Court still weighs the child's welfare, and remarriage does not necessarily lead to the child being moved if that would cause harm. If the child is an orphan, a paternal uncle or grandfather may apply. Discuss and settle it amicably. See custody (hadhanah).
Difference between schools. The Hanbali school and some scholars do not end custody (hadhanah) if the child is in good care; Ibn Hazm does not end it at all.

Sources

Sunan Abu Dawud 2276 (hasan)
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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