Message No : 1Sr.No : 40/725
Question By : Shifan Kaleel

Assalamu Allaikum

Please write to me what is the fatwa of below situation.
A person married a girl and lived with around three months
together. Wife is now pregnant. Husband went abroad for employment. Later on she delivered a boy. Now child is three months old. Wife passed away. Husband returned.
The baby should be with whom? With father or with mother's family (Wife's parents also passed away)?

Thanks & Regds
Shifan Kaleel


Reply By : Md. Obaidullah Mohiuddin Qasmi
Designation : Mufti: ODI, MMERC, Mumbai 

Dear sister in Islam

If a child has no mother, or she has refused to take the child, the right to foster the child shall devolve in this order. Firstly the maternal grand mother and maternal great grand mother; then grand mother and great grand mother; then real sisters of the child and step-sisters----preference will be to those sisters whose and child's mother is the same and then those sisters whose and child's father is the same; then mother's sister and lastly father's sister.
( Bahishti Zewar (English version) part:10, page:252)


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