Chapter: Custody (ḥaḍāna)

Custody is obligatory so as to protect a minor, an intellectually impaired person, or a mad person. The right to it is arranged as follows:

1. The mother, then her mothers, the nearest first, then the next nearest;
2. The father, then his mothers in the same order;
3. The grandfather, then his mothers likewise;
4. A full sister, then a uterine sister, then a consanguine sister;
5. A maternal aunt who is a full sister to the child’s mother, then the uterine maternal aunt, then the consanguine maternal aunt;
6. The paternal aunts in the same order;
7. Thereafter the remaining maternal aunts, then the maternal aunts of the father, then the paternal aunts of the father;
8. The daughters of the child’s brothers and sisters;
9. The daughters of his paternal uncles and paternal aunts;
10. The daughters of his father’s paternal uncles and paternal aunts;
11. The rest of the agnatic relatives (ʿaṣaba), the nearest then the next nearest—on condition, if the child is female, that the custodian is one of her maḥram kin;
12. The cognate relatives (dhawū al-arḥām);
13. Finally, the judge.

If the one entitled to custody refuses it, or is unfit, custody passes to the next in line.

Custody is not entrusted to an enslaved person, to an openly immoral person, to a non-Muslim over a Muslim child1, or to a woman who has married a man unrelated to the child, beginning from the moment the contract is concluded. When the impediment ceases, her right returns.

If either parent intends a long journey to a distant town in order to settle there, and both the destination and the route are safe, custody belongs to the father. If the journey is undertaken for a particular need, is short2, or is merely for temporary residence, custody belongs to the mother.

Section

When a boy reaches seven years of age and is of sound mind, he is given the choice between his parents; he remains with the one he chooses, but he is not left in the hands of anyone who would neglect or corrupt him.

After she turns seven, the girl’s father is more entitled to her. Once the male child attains maturity he may live wherever he wishes, whereas the female remains with her father until her husband takes her into his household.