Woman dies during child birth: Guardian after mother dies

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamu Alaikum Brother, My question is say if a Muslim woman dies during child birth, who will be the guardian of that child?? Prior to the delivery, can that woman point out a trustworthy person like her parents or husband to look after her child if something happens to her during delivery? and also if she is not sure about her husband or husband's family that they will bring up the child in a proper way, can she hand over the guardianship to her parents??? what does Islam say about this???

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Answer:

Guardian after mother dies

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Shariah Law stipulates that if the mother of a new born or infant child dies, the primary custody of the child will be given to the mother of the deceased, or if the mother of the deceased is not alive, the sister of the deceased.  The father of the child will still be responsible for the full financial upkeep of the child. 

When the child attains the age of puberty, the father is well within his rights to approach the Shariah Court and seek primary custody of the child.  The Shariah Court Judge will then ask the child whom the child wills to stay with, the relatives of its deceased mother or its father, and whatever decision the child makes will be implemented by the Shariah Judge.  

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brothers and well wishers in Islam,

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