Stepfather and Rights of Biological Father

1. When a man marries a woman who already has daughters of her own, and the marriage is duly consummated, the daughters become what the Qurʾān describes as

your stepdaughters in your care—those born from women with whom you have consummated marriage. [al-Nisāʾ 23]

2. Such stepdaughters are considered to be maḥram to their stepfather, and as such they are allowed to reside under his roof. The āyah cited above specifically lists the categories of maḥram.

3. The biological father retains the rights as well as duties he had during the subsistence of the marriage. It is only the matter of custody that is affected by the termination of marriage. As such he continues to be responsible for the maintenance of his children, and he will also be his daughters’ walī upon nikāḥ.

4. While the children do owe the stepfather the duty of respect and obedience, he will not replace their biological father in every respect. The stepfather is not responsible for their maintenance and education, nor will he act as their walī upon marriage. Those rights remain with the biological father.

5. Prior to the age of 7 the children will as a rule live with the mother. After they reach the age of 7 the choice of parent with whom they will live is given to the children themselves. They will live with the parent who they choose.

6. If the mother has married a man who is not a close relative of the children, her rights of custody prior to the age of 7 go to her mother, and not directly to the father.

والله تعالى أعلم