What is the ruling when two claimants are equally qualified Muslims?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If both claimants are equally qualified (just, free Muslims), they share the right equally. If they dispute, lots must be drawn to assign custody, as assigning custody arbitrarily when rights are equal is impermissible. Alternating custody between them is prohibited as it harms the child due to inconsistent nourishment and affection.