all male or all female. “Draw lots when they are of one line”: if they belong to the same line, then lots are drawn between them. But if they belong to different lines: “Give precedence to the paternal line when they belong to different lines.” This criterion is the one Ibn al-Qayyim, may Allah have mercy on him, regarded as preferable, saying that it is the closest of the available criteria.

Accordingly, where there are a mother and a maternal grandmother, the mother takes precedence because she is closer. Where there are a father and a maternal grandmother, the father takes precedence because he is closer. Where there are a mother and a father, the mother takes precedence, because they are equal in closeness and the female is given precedence. Where there are a grandfather and a grandmother, the grandmother takes precedence. Likewise, between a maternal uncle and a maternal aunt, the maternal aunt takes precedence. Apply the same principle to similar cases. Between a maternal grandmother and a paternal grandmother, the paternal grandmother takes precedence according to Shaykh al-Islam’s principle, may Allah have mercy on him, contrary to the view followed by the author.

Custody here is a right belonging to the custodian, not an obligation upon him. Accordingly, if he wishes to relinquish it in favor of someone lower in the order of entitlement, he may do so.

His statement: “Then to the relatives through the maternal line, then to the judge.” If no relative can be found, custody passes to the judge.

His statement: “If the one entitled to custody refuses.” If we hold that custody is a right belonging to the custodian—as indicated by his words, “the one entitled to custody,” rather than “the one obligated to custody”—then, if he refuses, it passes to the one after him. If the latter does not want it, it passes to the next one after him, and so on, until it reaches the judge.

However, Ibn al-Qayyim, may Allah have mercy on him, rejected this scenario. He said that custody is both a right belonging to the custodian and an obligation upon him: if someone disputes his right to it, then it is his right; but if no one disputes it with him, then it is an obligation upon him. Thus, we say to the first person: You are the one who must assume custody if no one disputes it with you, because if we were to say, “If you refuse, it passes to the one after you; if he refuses, then to the one after him; and if he refuses, then to the one after him,” until it reaches the judge,