The Order of Priority in Custody

Question:
The questioner, the mother of Anas, says: Honorable Shaykh, may Allah reward you with good for the benefit you provide to Islam and Muslims in this program. I hope you will clarify for us the order of priority in custody?

Answer:
This is a broad topic, and it is mentioned in the chapter on custody in the books of judicial rulings. The mother is the most entitled to custody if she does not remarry. The most entitled is the mother, then her mothers, the closest first, then the father’s mothers, the closest first, because they are mothers, meaning the father’s mother and the father’s father’s mother, and so on. Then the full sisters, the paternal half-sisters, and the maternal half-sisters. Custody belongs to women because they are more compassionate toward the infant and more knowledgeable about what he needs in terms of cleanliness, putting him to bed, and providing him with what he needs. Women are more settled in this matter and more tender with the child. If custody falls to a man, such as the father or the grandfather, it is entrusted to a woman who is compassionate toward the child and performs the custody as required. Thus, it is for women by default, and if it falls to a man, it is entrusted to a woman who is capable of caring for the child.