What is the order of custody (hadanah) in the school of Abu Hanifa?
Scholars do not differ that custody, after the separation of the spouses, belongs to the mother as long as she does not remarry, based on the : "You have more right to him as long as you do not marry." Jurists have differed on the order of those entitled to custody after the mother, but generally, women are given precedence over men. The Hanafi school prioritizes the mother, then the maternal grandmother, then the paternal grandmother, then the sisters, then the maternal aunts, then the paternal aunts. If there is no woman entitled to custody, the closest male agnates are given precedence, namely: the father, then the paternal grandfather, then the brother. If a woman marries a non-, her right to custody is forfeited, then it returns upon separation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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