The effect of the marriage contract versus consummation on the mother's custody rights.
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The apparent view is that custody is forfeited immediately upon the marriage contract, even if consummation has not occurred, which is the position of Al-Shafi'i. This is evidenced by the Hadith mentioning forfeiture 'until you marry,' where the marriage contract itself fulfills the condition prior to entry. Moreover, the contract grants the husband ownership of her benefits, allowing him to prevent her from custody duties, thus voiding her right immediately.
Supporting text
An alternative view suggests that forfeiture occurs only upon consummation, aligning with Malik's opinion, because it is only upon entry that she becomes occupied with the husband's rights, preventing her from attending to custody.