Does a disbeliever have the right of custody over a disbeliever? Yes. This is why, in the Prophet’s time, peace and blessings be upon him, and in the time of those after him, people did not take the young children of disbelievers and say, “You have no right of custody over them.” A disbeliever therefore has the right of custody over his disbelieving son or disbelieving daughter, but not over his Muslim son.

Thus, the conditions are: freedom; uprightness; Islam, if the child in custody is Muslim; and maturity. The custodian must be an adult. Therefore, if a person is fourteen years old and has younger siblings, he has no right of custody, because one who has not reached adulthood is himself in need of a guardian.

The fifth condition is soundness of mind. An insane person has no guardianship, because he himself needs a guardian.

The sixth condition is that the custodian be a mahram to a girl who has reached the age of seven.

The seventh condition is that he be capable of fulfilling the duties of custody. If he is incapable—for example, a helpless man with no personal strength, who is unable to raise anyone—then he cannot validly serve as a custodian.

The eighth condition is that he actually fulfil the duties of custody, for some people are capable of exercising custody but are neglectful and unconcerned whether the child in custody turns out righteous or not.

His statement, “Nor does a woman married to someone unrelated to the child in custody have the right of custody,” means that a woman married to someone unrelated to the child in custody has no right of custody. That is, he is not a relative of the child. This is not a condition; rather, it is the presence of an impediment.

For example, a woman is divorced by her husband, with whom she has a child. In that case, the mother has the greatest right to custody so long as she does not marry. If the mother marries a husband unrelated to the child