Can a female slave (Umm Walid) have custody over her free child born to a free man?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Malik holds that the mother, being compassionate, has a greater right to custody unless she is sold and moved, at which point the father gains priority, analogizing her compassion to that of a free woman. The main juristic reasoning against this view is that the slave does not own the usufructs (benefits) derived from custody because she is the property of her master, just as if she were sold and moved. Therefore, she does not have custody.
Supporting text
Malik stated that the mother has precedence unless she is sold and moved, in which case the father takes precedence because the mother is compassionate, resembling a free woman.