Chapter on Custody

Custody is obligatory in order to safeguard a minor, a person of unsound mind, and an insane person. The one most entitled to it is the mother; then her mothers, beginning with the nearest; then the father; then his mothers in the same order; then the paternal grandfather; then his mothers in the same order, ……………

His statement, “Custody”: It is derived from ḥiḍn, the area of the chest between the arms. It is called custody because the custodian embraces the person in his care and draws him close in order to fulfil what is required.

In Islamic law, it means protecting a child and those similar to him from what may harm them, and attending to their welfare.

His statement, “It is obligatory in order to safeguard a minor”: The ruling on custody is that it is obligatory. Here, a minor is one who has not reached puberty.

His statement, “and a person of unsound mind”: This is someone whose mental faculties are impaired, though not to the extent of insanity.

His statement, “and an insane person”: This is someone who has completely lost his reason.

Thus, the person of unsound mind occupies a state between that of a sound-minded person and an insane person. Custody is obligatory for these three categories. It is obligatory because the Prophet, peace and blessings be upon him, instructed us to command our children to pray at seven years of age and to discipline them for it at ten (1). This is only in order to set them aright, reform them, and accustom them to obeying Allah. Since we are commanded to do this, we are also commanded to undertake that without which it cannot be fulfilled; and the principle