Definition, Ruling & Entitlement

**A. Definition:** **Linguistic:** Raising and caring for a young one. Derived from "hidn" (side/flank), because the caretaker holds the child to their side. Al-Hadin (m.) and al-Hadinah (f.) are those entrusted with the child - protecting and caring for them. **Technical:** It is taking care of one who cannot distinguish and cannot manage their own affairs, raising them with what is good for them physically and spiritually, and protecting them from harm. --- **B. Ruling:** It is **obligatory** upon the custodian if there is no one else, or if there are others but the child only accepts them. This is because the child might perish or be harmed if left without care. When there are multiple potential custodians, it becomes a communal obligation (fard kifayah). --- **C. Who is Entitled:** Custody belongs to both women and men who are qualified for it. However, **women are given priority** over men because they are more compassionate and gentler with young children. If women have no right to custody, it goes to the men, as they are more capable of protection, guardianship, and managing the child's affairs. **When parents are married:** The child is in their joint custody. **If they separate:** Custody goes to the mother unless she remarries a stranger (non-mahram to the child). **Evidence:** The Prophet ﷺ said to the woman whose husband divorced her and wanted to take her child from her: "You have more right to him as long as you do not remarry" [Ahmad, Abu Dawud, Al-Hakim - authenticated]. --- **The Meaning of Custody:** Protecting the child in custody, keeping them from harm, raising them until maturity, and doing everything in their interest: caring for their food, drink, bathing, cleanliness inside and out, caring for their sleep and wakefulness, and fulfilling all their needs and requirements.