What is the ruling when two claimants are equally qualified Muslims?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

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.