If a sister sharing both parents waives her right to custody, does the right of the sister sharing only the father remain?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If a sister sharing both parents waives her right to custody, the right of the sister sharing only the father does not lapse. This is because the entitlement of the sister sharing only the father is independent of the other sister's right and is not derived from it.