What is the ruling if the mother lacks the necessary conditions for custody?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the mother does not possess the stipulated conditions for custody (*hadanah*), or lacks some of them, she is treated as non-existent regarding custody rights. Custody then transfers to the next person in the order of entitlement.