🌍 Children, inheritance & global · #199

If I remarry, do I automatically lose the right to look after my children?

Not automatically. Act 303 s.83(a) says a woman's right of hadhanah is lost if she marries a man not related to the child within the prohibited degrees, and her custody in that situation would affect the child's welfare. So there are two conditions: the new husband is not a mahram of the child, and harm to the child's welfare. If the new marriage is dissolved, the right of custody reverts. The court weighs the real situation, including how the new husband treats the child and how stable the home is. A former husband who wants to take the child must apply to the court; it does not happen by itself. See Hadhanah & lineage.

Sources

Act 303, s.83

← PreviousWhat does the court put first when deciding who will look after the children?Next →After divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?

Related questions

If the mother is not qualified to look after the child, does the father become the carer straight away?Under the order in Act 303 s.81(2), the maternal grandmother comes before the father. If the court finds the…After divorce I want to move back to my home town with my child. Does this affect my right of hadhanah?Moving to your own birthplace is allowed by law. Act 303 s.83(c) says a woman’s right of hadhanah is lost…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,…My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?No; the rota is the wife’s right, while custody and maintenance are the child’s rights. While the marriage continues,…If we both die, who will look after the children? Can a guardian be appointed in a will?Yes, and it is strongly encouraged: parents can state in a will whom they wish to look after the children and manage the chi…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer