Is the mother entitled to custody of her nursing child if she demands her customary wage (Ujr al-Mithl)?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The mother who demands her customary wage for nursing is prioritized above others, whether she is married or divorced. This holds true even if the father finds a willing, unpaid wet nurse. The evidence for prioritizing the mother when she demands her customary fee is found in the verses: The All-Merciful said, "And the mothers shall give suck to their children for two whole years, for those who wish to complete the suckling period; and upon him (the father) is the maintenance and clothing of the mothers in kindness" (Quran 2:233), and, "But if they give suck for you, then give them their recompense" (Quran 65:6). Furthermore, the mother is inherently more affectionate and compassionate, and her milk is superior to that of others, granting her precedence, similar to when a non-relative demands the customary wage. Depriving the mother of nursing by using another nurse infringes upon her right to custody and harms the child; it is not permissible to forfeit an obligatory right of custody and inflict harm upon the child for the purpose of nullifying a right established by God upon the father.
Supporting text
If the mother demands more than her customary wage while the father finds another willing to nurse for the customary wage or for free, the child may be taken from her because she forfeited her right by demanding an unjustified excess. However, if the only available nurses demand the same excessive wage as the mother, the mother retains precedence because they are equal in price, just as when both demand the customary wage.