is well known: “Whatever is necessary for the fulfilment of an obligation is itself obligatory.” Moreover, neglecting them amounts to forsaking them and exposing them to destruction. If a person is obliged to safeguard his wealth, then his obligation to safeguard his children is even more compelling.

His statement, “The mother has the greatest right to custody”: This is based on the Prophet’s saying, peace and blessings be upon him, to the mother who disputed with her husband over custody of her child: “You have the greater right to him so long as you do not remarry” (1). This proves that the mother has a greater right than the father.

His statement, “Then her mothers, beginning with the nearest”: The maternal grandmothers take precedence over the father and over the paternal grandmothers. Thus, if a maternal grandmother and the father dispute over custody of the child, that grandmother takes precedence over the father, because her connection is through the mother, and the mother has a greater right than the father. Therefore, the grandmother likewise has a greater right than the father, even though she is more remote in degree of relation.

His statement, “Then the father”: If there is no mother or maternal grandmother, custody passes to the father, based on the Prophet’s saying, peace and blessings be upon him: “You have the greater right to him”—that is, greater than he does. This indicates that his rank comes after hers. Moreover, the father is the source of lineage and therefore has a greater right than anyone else.

His statement, “Then his mothers in the same order”: That is, beginning with the nearest. Thus, if there are a paternal grandmother and a maternal great-grandmother, the maternal great-grandmother takes precedence, because her connection is through the mother.