Conditions of Child Custody:

1.    Being a Muslim.

2.    Being a sane adult.

3.    Integrity, honesty and chastity.

4.    Physical and financial ability to look after the child.

5.    The custodian must be a person of good common sense.


In the first place, the child’s mother takes custody. The mother’s relatives always have a stronger claim to it than the father’s relatives.

On this basis, the order of those entitled to it is as follows: the child’s mother, her mother, then her grandmother, then the child’s father’s mother, then to the child’s full sister, then to its sister on its mother’s side, then to its sister on its father’s side.


The period of custody comes to an end when the child is no longer in need of women’s care, and attains an age when it can look after itself. Many scholars are of the view that custody comes to an end when a boy reaches seven years of age or a girl reaches nine years.