❖ Extracted from Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri ❖
✿ What Is the Order of Priority in Child Custody (Ḥaḍānah)? ✿
Scholarly Explanation:
❀ Imām Ibn al-Qayyim رحمه الله (d. 751H) said:“Our teacher, Shaykh al-Islām Ibn Taymiyyah رحمه الله, defined a foundational principle in the matter of custody (ḥaḍānah):
Custody is a type of guardianship (wilāyah) based on love, nurturing, and compassion.
The person most deserving of it is the one who is closest to the child and possesses these qualities in the highest degree.
This naturally applies to close relatives, and even among them, priority is given to the one who is both closer and more nurturing.”
General Order of Priority in Custody:
When both candidates are equal in their ability and proximity to the child, female relatives are prioritized over male relatives due to their inherent nurturing qualities.Order of Preference (as stated by Ibn al-Qayyim):
| Priority Level | Female Relative | Male Relative |
|---|---|---|
| ① | Mother | Father |
| ② | Maternal Grandmother (Nānī) | Paternal Grandfather (Dādā) |
| ③ | Maternal Aunt (Khālah) | Maternal Uncle (Māmū) |
| ④ | Paternal Aunt (Phuphī) | Paternal Uncle (Chāchā) |
| ⑤ | Sister | Brother |
In Case of a Tie (Two Equally Qualified Males or Females):
If two candidates—whether male or female—are equal in status and ability, then priority is determined by drawing lots (قرعہ اندازی), a method affirmed in the Sunnah. When Degrees Differ but Lineage Is the Same:
If individuals belong to the same lineage but differ in proximity or role, then:- Full sister is preferred over daughter
- Child’s maternal aunt (khālah) is preferred over the parents’ maternal aunt
- Parents' maternal aunt is preferred over the grandfather’s maternal aunt
- Maternal grandmother (nānī) is preferred over half-brother
❖ Note:
Imām Aḥmad ibn Ḥanbal رحمه الله acknowledged both views regarding who should be given preference in specific cases (such as between maternal relatives and siblings), depending on the strength of kinship and responsibility.
Zād al-Maʿād fī Hadyi Khayr al-ʿIbād 5/50◈ Summary of Key Points:
① Custody is a trust based on love, compassion, and child-rearing ability.② Female relatives are prioritized over male ones due to their maternal nature.
③ Closer relatives with nurturing capacity are given preference, even among same-generation relatives.
④ If candidates are equal, drawing lots (قرعہ) is the Sunnah-based method of decision.
⑤ Custody is not about inheritance rights, but about child’s well-being and upbringing.
