Conditions for the Custodian

**General Conditions (for both men and women):** 1. **Islam:** No custody for a non-Muslim over a Muslim child, because they have no authority over Muslims, and there is fear that the child may be tempted away from Islam into disbelief. 2. **Maturity and Sanity:** No custody for a minor, insane, or mentally deficient person, as they are incapable of managing their own affairs, let alone caring for another. 3. **Trustworthiness in Religion and Chastity:** No custody for a betrayer or immoral person, as they cannot be trusted, and leaving the child with them harms them. 4. **Physical and Financial Capability:** No custody for one unable due to old age, disability (like muteness or deafness), or poverty that leaves no means of support, or being so busy with work that the child would be neglected. 5. **Free from Contagious Diseases:** Like leprosy and similar conditions. 6. **Mature Judgment (Rushd):** No custody for a foolish spendthrift, lest they waste the child's wealth. 7. **Must be Free:** No custody for a slave, because custody is a form of guardianship, and slaves are not from the people of guardianship. --- **Additional Condition for Women:** She must not be married to a man who is a stranger (non-mahram) to the child, because she will be preoccupied with her husband's rights. **Evidence:** The Prophet ﷺ said: "You have more right to him as long as you do not remarry" [Ahmad, Abu Dawud]. --- **Loss of Custody:** Custody is lost by the presence of any of the mentioned impediments, or the absence of any of the conditions for entitlement.