What is the ruling on guardianship and choice of residence if the father is absent or unfit?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the father is non-existent or unfit for custody (*hadanah*), the closest paternal relatives (*asabat*) such as the brother, uncle, or nephew of the child act in the father's place. In this scenario, the young male child must be given the choice between remaining with his mother or moving to his paternal relatives. This ruling is established because Ali, may Allah be pleased with him, gave choice to Imarah al-Jirimi between his mother and his uncle. The basis is that the paternal relative acts as a legal guardian (*asabah*), thus resembling the father.