The Issue of Daughter’s Custodial Right: ʿAbd al-Raḥmān or Samūn? Sharʿi Ruling
Source: Fatāwā Rāshidiyyah, p. 450
❀ Question
The following case was presented before the scholars:
A family agreement was made between ʿAbd al-Raḥmān and Samūn. Samūn gave his compensation (ʿiwaḍ) to ʿAbd al-Raḥmān, and by receiving compensation from him, he arranged the marriage of his brother ʿAbd al-Ghanī. The condition was that ʿAbd al-Ghanī would give one daughter to ʿAbd al-Raḥmān and another daughter to Samūn—thus, there was a division of his future daughters.
Later, ʿAbd al-Ghanī had a daughter who was given to ʿAbd al-Raḥmān, but she passed away. Then, another daughter was born to ʿAbd al-Ghanī, whom Samūn is now claiming. However, ʿAbd al-Raḥmān is pressuring ʿAbd al-Ghanī to give this second daughter to him.
The question is: According to the Sharīʿah of Muḥammad ﷺ, who has the rightful claim to this daughter—Samūn or ʿAbd al-Raḥmān?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It should be clear that this daughter is the right of Samūn. The reason is that Samūn had given his daughter in marriage to arrange his brother ʿAbd al-Ghanī’s wedding, and thus, the right now belongs to him.
ʿAbd al-Raḥmān had already received his share (the first daughter). When she passed away, no further claim remained for him.
Samūn had stipulated with ʿAbd al-Ghanī:
“I am arranging your marriage, and the daughter that will be born will be mine.”
Therefore, according to Sharīʿah, the right belongs to Samūn, and ʿAbd al-Raḥmān has no claim left in this matter.
ھذا ما عندی واللہ اعلم بالصواب
