What is the ruling on custody and support if both parents are enslaved?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 3

Open in Qurani

Primary text

If both the father and mother are enslaved (*raqiqayn*) and the child has no other relatives, the judge rules that neither parent has the right to custody nor are they obligated to provide maintenance (*nafaqah*). The child's maintenance is to be provided from the public treasury (*bait al-mal*), and the child is handed over to any capable Muslim who will assume custody.