Custody of a child (hadana)

الحضانة

Custody (hadana) is keeping safe, and raising in what suits, a person who cannot yet manage his own affairs; it is obligatory, since the child may perish or be harmed without it, and it becomes an individual duty when there is no other custodian. 1 2 It differs from sponsorship (kafala), which is the joining of liabilities, from guardianship, and from the executorship that a will creates. 2 3 It applies to a child, and to an insane or imbecile adult by general agreement. 3 The mother has the better claim so long as she does not marry a stranger to the child: ”You have the better claim to him as long as you do not marry.” 4 The order of claimants after the mother differs: the Hanafis put the mother's mother, the father's mother, the sisters, the aunts and then the agnates; the Malikis put the maternal grandmother, the aunts, the paternal grandmother, then the father; the Shafi'is put the daughter, the mothers' line, the paternal grandmother, the sisters and the aunts; the Hanbalis put the mothers' line, then the father, the paternal line, the grandfather, and the sisters, aunts and kin. 4 5 6 7 When male and female claimants stand equal, the female takes precedence. 6 7 The custodian's conditions include Islam for some, puberty and reason, trustworthiness, ability, freedom from contagious illness, soundness of judgement for the Malikis and Shafi'is, and a safe place. 7 8 9 A man must be a mahram of an adolescent girl in his charge; a woman must not marry a stranger to the child and must not keep him in the house of someone who dislikes him. 9 10 The place of custody is the father's dwelling; a custodian's removal to settle elsewhere ends custody for the majority, and the Hanafis draw a distinction for a mother's travel. 11 12 13 Payment for custody is allowed for the Shafi'is and Hanbalis, and in the preferred Maliki view there is none. 13 14 Custody lapses with a bar and returns when the bar is removed, and the views differ on its return after divorce. 15 16 The mothers' custody of a boy ends at seven for the Hanafis, at puberty for the Malikis, while the Shafi'is give the child a choice between his parents on reaching discernment. 16 17 18 Each parent has the right to see and visit the child. 19 20

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Global / Diaspora
Review
Draft Completeness 0/5 · Help complete it

Children and youthFamily, marriage and kinship

Summary

Custody (hadana) is keeping safe, and raising in what suits, a person who cannot yet manage his own affairs; it is obligatory, since the child may perish or be harmed without it, and it becomes an individual duty when there is no other custodian. 1 2 It differs from sponsorship (kafala), which is the joining of liabilities, from guardianship, and from the executorship that a will creates. 2 3 It applies to a child, and to an insane or imbecile adult by general agreement. 3 The mother has the better claim so long as she does not marry a stranger to the child: "You have the better claim to him as long as you do not marry." 4 The order of claimants after the mother differs: the Hanafis put the mother's mother, the father's mother, the sisters, the aunts and then the agnates; the Malikis put the maternal grandmother, the aunts, the paternal grandmother, then the father; the Shafi'is put the daughter, the mothers' line, the paternal grandmother, the sisters and the aunts; the Hanbalis put the mothers' line, then the father, the paternal line, the grandfather, and the sisters, aunts and kin. 4 5 6 7 When male and female claimants stand equal, the female takes precedence. 6 7 The custodian's conditions include Islam for some, puberty and reason, trustworthiness, ability, freedom from contagious illness, soundness of judgement for the Malikis and Shafi'is, and a safe place. 7 8 9 A man must be a mahram of an adolescent girl in his charge; a woman must not marry a stranger to the child and must not keep him in the house of someone who dislikes him. 9 10 The place of custody is the father's dwelling; a custodian's removal to settle elsewhere ends custody for the majority, and the Hanafis draw a distinction for a mother's travel. 11 12 13 Payment for custody is allowed for the Shafi'is and Hanbalis, and in the preferred Maliki view there is none. 13 14 Custody lapses with a bar and returns when the bar is removed, and the views differ on its return after divorce. 15 16 The mothers' custody of a boy ends at seven for the Hanafis, at puberty for the Malikis, while the Shafi'is give the child a choice between his parents on reaching discernment. 16 17 18 Each parent has the right to see and visit the child. 19 20

People and things also explored

The social condition of the Arabs before Islam· Aqiqa (newborn sacrifice)· Nussa· Nussa (film)· Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7112
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7113
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7114
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7115
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7116
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7117
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7118
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7119
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7120
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7121
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7122
  12. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7123
  13. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7124
  14. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7125
  15. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7126
  16. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7127
  17. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7128
  18. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7129
  19. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7130
  20. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7131
Cite this page

islam.museum contributors. “Custody of a child (hadana)”. islam.museum, https://islam.museum/en/concept/hadanah-custody/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

The social condition of the Arabs before Islam

al-Raheeq al-Makhtum's picture of Jahili society: the high standing of women among the nobility and the mixing of the other classes, the four Jahili forms of marriage in Aisha's report, unlimited polygamy, marrying two sisters and a father's widow, divorce in men's hands, widespread fornication, treatment of children from tenderness to burial alive, tribal asabiyya and the maxim 'help your brother, wronging or wronged', the disjointed relations between tribes, and the sacred months as their mercy; the author judges the social condition to have been at its lowest.