What is the order of priority among male agnates ('Asabat) concerning child custody (Hadanah)?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The order of priority for male agnates in custody follows the order of inheritance preference after the father and paternal grandfather. The primary order is the father, followed by the paternal grandfather ascending (Abu al-Abb in 'ala), then the full brother, then the paternal half-brother, and their descendants descending according to the inheritance order. This is followed by the paternal uncles (uncles on the father's side), and their descendants, then the paternal uncles of the father, and their descendants. This opinion is held by Al-Shafi'i. Evidence supporting the right of agnates is derived from the incident where Ali and Ja'far disputed custody of Hamza's daughter, and the Prophet (PBUH) did not reject their claim to custody. Furthermore, they possess authority ('wilayah') and are inheritors through kinship, thus establishing their right to custody similar to the father and grandfather, unlike strangers who lack kinship and affection.
Supporting text
Some followers of Al-Shafi'i hold that no one other than the fathers and grandfathers has the right to custody, arguing that these other relatives lack knowledge regarding custody matters and do not possess inherent authority over the child, thus resembling strangers.