Does the custody of the maternal aunt (khalah) fall if she marries the paternal cousin of the child in her custody, by analogy with the forfeiture of the mother's custody upon marrying a stranger? And is the maternal aunt (khalah) more entitled to custody than the father and his wife in this case? And are all the women mentioned in the order of custody according to the Hanafis more entitled than the father, and are they closer to him in degree? What about the accusation concerning the maternal aunt’s custody? And does the definition of custody as a right for whoever is responsible for raising the child apply to all those mentioned?

The wise Sharia has prioritized women over men in child custody (hadanah) because they are more compassionate, gentle, and better guided in raising young children. It has assigned custody to the mother as long as she does not remarry. If she remarries, custody transfers to another for the benefit of all parties, especially the child, who might develop jealousy and discord with his stepfather.

As for who assumes custody after the mother, scholars have differed, and they have not agreed on prioritizing the maternal aunt. Only a few of them have advocated for her prioritization. The most preponderant opinion in the order of custodians is that the mentioned women—such as a grandmother, maternal aunt, or paternal aunt—are better at preserving the child and more keen on his welfare than the stepmother, due to the frequent jealousy and discord between a woman and her husband's children.

Maternal aunts are relatives by blood (dhawi al-arham) and inherit according to the majority of scholars, but with conditions. This has no bearing on custody.

As for the custody of a child after the age of seven, there is an ongoing dispute among scholars regarding whether he should be given to his father or given the choice between his father and mother. The preponderant opinion is to consider the child's welfare.

Custody differs from upbringing. Custody involves attending to the child's daily needs and welfare, while upbringing in its comprehensive sense falls to the father. The mother should not prevent the father from raising and educating the child.

There is a difference of opinion among scholars regarding prioritizing the mother's side over the father's side in custody. Ibn Taymiyyah holds that prioritizing women from the paternal relatives ('asabah) is more sound than women from the mother's side, because the Lawgiver has prioritized paternal relatives in inheritance, blood money, maintenance, and guardianship. The mother is prioritized because she is a woman, and the female gender is prioritized over men in custody.