The closer relative waiving custody in favor of the more distant relative
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is the ruling if the closer relative waives custody in favor of the more distant relative, and there is no mutual agreement between them?
Answer:
This waiver is a right that belongs to him; he has no right to waive it. What is considered is the child's interest, not the custodian's interest; the child's interest is what is considered. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the ruling if the closer relative waives custody in favor of the more distant relative, and there is no mutual agreement between them?
Answer:
This waiver is a right that belongs to him; he has no right to waive it. What is considered is the child's interest, not the custodian's interest; the child's interest is what is considered. Yes.
Source
شرح أخصر المختصرات في الفقه، فصل: في نفقة الأقارب — islamhouse.com (1:06:33)
The Arabic text is a machine transcription of the audio recording.
