Who holds the right to custody when only *Dhawu al-Arham* (relatives by blood, not Asabah) remain and no primary custodians are present?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If no primary custodian or individual with established custodial rights is present, and only *Dhawu al-Arham* remain, the preferred opinion is that they are granted custody. This preference is based on the fact that they possess kinship and inheritance rights in the absence of those with superior rights, thus custody should also be theirs in such a situation.
Supporting text
An alternative view states that they have no right to custody, and the matter must be referred to the ruling judge (*Hakim*).