What is the ruling on guardianship and choice if both parents are absent or unfit?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the mother is non-existent or unfit for custody, the child is given to the paternal grandmother. The male child is then given the choice between the paternal grandmother or his father, or whoever occupies the father's place among the paternal relatives. If both parents are non-existent or unfit, and the child is entrusted to a female relative like a sister, paternal aunt, or maternal aunt, this relative assumes the mother's role in the choice, giving the child the option between her and his paternal relatives, based on the aforementioned reasoning concerning the parents.