Ruling on Rights of Custody for Women

Answered by our Shaykh, the ‘Allāmah, the Trustworthy Advisor, Abu ‘Abdirrahmān Yahya bin ‘Ali Al-Hajūri – may Allāh preserve him – on the 25th, Dhūl-Hijjah, 1441H

Question:

From what’s well known is that if a woman remarries the hadhānah (rights of custody) fall from her. So if her (new) husband dies does the hadhānah return to her?

Answer:

It doesn’t return to her, even if she marries for one day only then he separated from her or he died, her hadhānah falls, due to the hadith:

انت أحق به ما لم تنكحي

“You have more right to him as long as you do not remarry.”

And she has remarried.

Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi

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Original Fawta Audio: https://t.me/sh_yahia_duroos/7608