with a high degree of uncertainty in every respect, even if the consideration is lost entirely, leaving the khulʿ without compensation. It has also been held that khulʿ involving uncertain or unspecified consideration is impermissible. The well-known position, however, is what we have stated above. In al-Mudawwana, Ibn al-Qāsim permitted it in exchange for a runaway slave, a straying camel, and similar things, but prohibited it in exchange for an undertaking to maintain the child beyond the two years of nursing, and similar arrangements. Some have said that he distinguished between the two cases; others have said that his statements are contradictory.

He did not permit a settlement concerning intentional homicide in exchange for uncertain consideration. Some have said that this accords with the position prohibiting khulʿ for uncertain consideration. Others have said that he distinguished between khulʿ and a settlement concerning intentional homicide; this is the apparent meaning of what appears in al-Mudawwana. The distinction is that, in cases of intentional homicide, it has been held that the person entitled to demand retribution may pardon in exchange for blood money. Since he is entitled to receive it, it is as though he already owns it and it is due to him; he may therefore relinquish it in a settlement only for specified consideration. This would entail that the settlement is permissible only for consideration for which the blood money could validly be sold. This rests on a disputed principle: before acquiring ownership, is someone who has the power to acquire it treated as an owner under the applicable rulings? There are two positions on this.

Book of Child Custody

Section
On Child Custody

The basis for child custody is the Book of Allah Most High, the Sunnah of His Prophet, may Allah bless him and grant him peace, and the consensus of the Muslim community. As for the Book, several verses address it. Among them are His words concerning parents:

“And say, ‘My Lord, have mercy upon them as they raised me when I was young.’” [al-Isrāʾ: 24]

And His words, Most High, concerning mothers:

“Mothers shall breastfeed their children for two complete years, for those who wish to complete the nursing period.” [al-Baqara: 233]

The mother thus has the greater right to nurse her son and care for him until he can manage without her.

Allah Most High relates that the sister of Moses, may Allah bless him and grant him peace, said to Āsiya, Pharaoh’s wife:

“Shall I direct you to a household who will care for him for you and sincerely look after him?” [al-Qasas: 12]

“So We restored him to his mother, that her eyes might be comforted and she might not grieve.” [al-Qasas: 13]

And He said concerning Mary, daughter of ʿImrān: “And her care was undertaken by