Saturday, April 13, 2024
No menu items!

Custody after both parents

Fatwaa ID: 2053

Assalaamu Alaykum Wa Rahmatullahi Wa Barakaatuh

When both parents pass away, there is a specific order that custody of the child goes to…… is it possible for the parent to bequest a certain person to take care of the child ?
Eg. The parents feel that the mother’s brother is best suited to take care of the child, due to various reasons which disqualify certain individuals who are first in line, but not all of them

Secondly, once the child becomes Baalighah, can they themselves choose to stay by a certain individual ?

Thirdly, what is the ruling on the child being in custody with a family member, where there is no mahram for her.

Lastly, if a certain individual who is part of the order of custody is able to take care of the child, but they don’t want to…… are they obliged to, or does the custody go to the next person in line ?

Jazaakumullah Khayran

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. No. The parents may not bequest for a certain family member to take custody of a minor child after their demise. The Shari’ah has outlined a specific sequence and there is great wisdom and benefit in it. If none of them are ready to accept custody or they do not qualify, then the parents may bequest for someone responsible and upright.
  2. We understand that your query is regarding a female child. Once she becomes baaligh, she may choose a mahram guardian that is upright and considerate of her well-being.
  3. That will not be permissible. She may not be in the custody of a non-mahram.
  4. Custody cannot be forced on to someone. If they are eligible but they refuse to take responsibility, then the right of custody will be passed on to the next deserving kin.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

07/14/1445 AH – 01/26/2024 CE | AMG1-3721

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.