To whom does custody devolve, according to the preponderant opinion in the Hanafi school, regarding the child, when the mother and grandmothers are deceased, between the father, the wife, and the maternal aunt? And where is this found in Hanafi texts?
The Maliki school of thought, regarding custody (حضَانَة), prioritizes the maternal aunt over the father. Their predominant view is that the sister is prioritized over the maternal aunt. The order of female custodians according to them is: the mother, then the maternal grandmother, then the paternal grandmother, then the full sister (from both parents), then the sister from the mother's side, then the sister from the father's side, then the maternal aunts, then the paternal aunts, then the male agnates (aṣabāt). Women are prioritized in custody due to their compassion. If there is no woman eligible for custody, then the closest male agnates are prioritized, such as the father, then the grandfather, then the brother.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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