her breast was his drink after birth, and her lap the soft, comfortable place that sheltered him. The Prophet ﷺ approved the woman’s description of herself, recognising thereby her rightful claim to custody.

Ibn al-Qayyim said in Zad al-Hady: “This is evidence that the underlying meanings and effective causes of rulings are to be taken into account and that legal rulings are tied to them; such an approach is firmly rooted in a sound fiṭrah (natural disposition).”

Al-Shawkani remarked: “The ḥadith proves that the mother has priority over the father in custody unless a hindrance arises, such as her remarriage. Ibn al-Mundhir transmitted consensus on this point.”

Benefits

1. Shaykh ʿAbd al-Raḥmān al-Saʿdi said: “The correct view is that if the new husband is content for his wife to retain custody of the child from her first marriage, the mother’s custodial right does not lapse; it remains in force. This is the school’s consistent analogy for all rights.”

2. Shaykh al-Islam said: “If the mother takes the child on condition that she will bear his expenses and will not reclaim from his father what she spends during the period of custody, then later seeks maintenance, the father may take the child from her.”
   In Sharḥ al-Iqnāʿ it is stated: “Whoever abandons his right to custody has relinquished it by choice, yet he may return to it whenever he wishes, because the right renews as time passes, like maintenance.”

3. Shaykh ʿAbd al-Raḥmān al-Saʿdi also said: “The sound position mentioned by the jurists is that whenever a particular arrangement secures the child’s welfare it should be adopted; if it fails to do so, the child’s best interest must be followed instead. The entire chapter aims to realise the child’s benefits and ward off harm. Whoever best guarantees those benefits is more entitled to custody than anyone who does not discharge its duties, even if the latter is a nearer relative.”