What conditions revoke the right to custody (Hadanah)?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The right to custody (Hadanah) is revoked by impediments such as servitude (slavery), disbelief (kufr), flagrant sinfulness (fusūq), insanity, or minority (sغر). When the impediment is removed, such as the slave being freed, the disbeliever embracing Islam, the sinful person becoming righteous, the insane person regaining sanity, or the child reaching maturity, the right to custody immediately returns. This is because the cause (sabab) for custody remains established, and the right was only suspended by the obstacle. The right returns based on the preceding, inherent cause, analogous to a divorced wife whose right over her child returns.