The jurists agree that if a mother who has custody of her child marries someone other than the child’s paternal grandfather, her custody will be revoked. However, if the mother divorces her second husband, there is disagreement regarding whether her custody should be restored. Many Imami and Sunni jurists believe that when the mother divorces a non-related man, her custody is reinstated. In their view, the mother’s remarriage serves as a temporary barrier to the exercise of custody and is prohibited only due to the resulting impediment. In contrast, Maliki jurists and some Imami scholars hold that a mother’s remarriage permanently terminates her right to custody, even after divorce. It appears that the emergence of relevant narrations, along with the principle of the irreversibility of forfeited rights and the rule concerning the lapse of will upon loss of entitlement, indicates that the right of custody does not return to the mother following her separation from her new husband.
Mohammadi, S. S. , Mousavian, S. A. and Mortazi, A. (2020). Feasibility of returning custody of the mother by separation from the second wife. Journal of Islamic Law Research, 20(2), 527-550. doi: 10.30497/law.2020.2699
MLA
Mohammadi, S. S. , , Mousavian, S. A. , and Mortazi, A. . "Feasibility of returning custody of the mother by separation from the second wife", Journal of Islamic Law Research, 20, 2, 2020, 527-550. doi: 10.30497/law.2020.2699
HARVARD
Mohammadi, S. S., Mousavian, S. A., Mortazi, A. (2020). 'Feasibility of returning custody of the mother by separation from the second wife', Journal of Islamic Law Research, 20(2), pp. 527-550. doi: 10.30497/law.2020.2699
CHICAGO
S. S. Mohammadi , S. A. Mousavian and A. Mortazi, "Feasibility of returning custody of the mother by separation from the second wife," Journal of Islamic Law Research, 20 2 (2020): 527-550, doi: 10.30497/law.2020.2699
VANCOUVER
Mohammadi, S. S., Mousavian, S. A., Mortazi, A. Feasibility of returning custody of the mother by separation from the second wife. Journal of Islamic Law Research, 2020; 20(2): 527-550. doi: 10.30497/law.2020.2699
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