Is a woman to be preferred over a man in claiming custody of an abandoned child?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 5 · Bab 1

Open in Qurani

Primary text

A man and a woman who are otherwise equal are treated equally in claiming custody of an abandoned child. The woman is not preferred here, unlike in child fosterage (Hadanah), because her preference in Hadanah is due to maternal affection and personal care, whereas here, she is a stranger to the foundling, just as the man would be caring for the child through a female attendant.