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🌍 Children, inheritance & global · #60

When can a grandparent obtain custody of a grandchild?

When the mother is unqualified or absent, custody passes in a set order, with the maternal grandmother usually first, followed by the paternal grandmother and others; the court weighs the child's welfare.
Act 303 s.81 names the mother as most entitled, followed by a list of relatives including the maternal grandmother, the father, the paternal grandmother and others, subject to the qualifications in s.82. The underlying principle is affection and ability to care, since every guardian is a trustee (Sahih al-Bukhari 893). Grandparents raising a grandchild with the parents' agreement can also apply for an order so their position is formal, for example for school and hospital matters. The father must still pay maintenance even if the child is cared for by grandparents. See Custody & lineage.

Sources

Act 303, s.81Act 303, s.82Sahih al-Bukhari 893
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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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