Is the care and custody (Hadanah) of a child obligatory?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The care and custody of a child is obligatory because abandoning the child leads to their destruction, thus preserving them from peril is required, just as financial support is required. The right to custody is established for the child's relatives because it involves guardianship over the child and ensuring their continuity. This right is established like the custodianship of an abandoned infant.