What is the order of priority for custody after siblings and their descendants are exhausted?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 5 · Bab 3

Open in Qurani

Primary text

If siblings are absent, custody transfers correctly to the maternal aunts, and their order of priority follows the order established for the sisters. If maternal aunts are absent, custody transfers to the paternal aunts. Paternal aunts take precedence over paternal uncles, paralleling the precedence of sisters over brothers. Priority then moves to the full paternal uncle, followed by the paternal uncle through the father. The uterine uncle has no right to custody. Following them are their sons.

Supporting text

There is a difference of opinion regarding whether custody then passes to the paternal grandfather's aunts (according to Al-Kharqi's view) or to the maternal grandfather's aunts. The uterine paternal aunts have no right to custody because they relate through the maternal grandfather, who has no right to custody.