Is custody granted to male relatives (Dhawu al-Arham) such as maternal uncles or the sons of sisters?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 3

Open in Qurani

Primary text

Custody is not granted to male relatives by consanguinity (*Dhawu al-Arham*), such as the maternal uncle, brother through the mother, maternal grandfather, or sister's son, if any of the primary custodians are present. This is because they are not women capable of undertaking custody, nor do they possess the strong lineage rights of the *Asabah* (male agnates). Custody must be established through those who have a recognized right to it.