Chapter on Custody
Introduction
Linguistically, ḥaḍānah (custody) comes from the verb ḥaḍana, “to hold a child close to one’s side.” Hence, custody means shouldering the child’s expenses and raising him. The term is taken from ḥiḍn, “the side,” because the caretaker draws the child to his side.

In the legal sense it is: safeguarding one who cannot manage his own affairs from anything harmful by nurturing him and tending to what benefits him.

Allah the Exalted says, “So her Lord accepted her with gracious acceptance, caused her to grow in a pleasing manner, and placed her in the care of Zachariah” (Āl ʿImrān 3:37). That is, Allah made Zachariah responsible for her and committed to her welfare, so she was in his custody and under his protection.

In the Musnad of Aḥmad and the Sunan of Abū Dāwūd the Prophet ﷺ said to a mother, “You have the stronger right to him so long as you do not remarry.”

Abū Bakr al-Ṣiddīq – may Allah be pleased with him – said to the boy’s father, “Her scent – meaning the mother’s – and her touch are better for him than honey in your care.”

Ibn ʿAbbās said, “The mother’s scent, her bedding, and her lap are better for him than the father, until he grows up and can choose for himself.”