🌍 Children, inheritance & global · #210

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 mother disqualified under Hukum Syarak, the right of hadhanah passes in this order: the maternal grandmother and upwards, then the father, then the paternal grandmother, followed by sisters and the other relatives listed. Custody by any of them must not affect the child's welfare, and a man has no right to custody of a girl unless he is her mahram (s.81(3)). The order is a guideline; s.86(1) lets the court choose another carer in exceptional circumstances. State enactments have a very similar order. See Hadhanah & lineage.

Sources

Act 303, s.81Act 303, s.86

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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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