Thus, marriage between the guardian and the

Thus, a hazin, who is a minor, or of unsound mind, has no right to the custody of the child. A hazin, who is leading an immoral life, or who is a profligate, has no right to the custody of the child. A ghair-mehram is also not entitled to the custody of the child.

We have seen earlier that any male relation of the child, who is not within the prohibited degrees by consanguinity, is not entitled to the custody of the child. The Muslim authorities lay down that a minor girl should not be handed over to an agnate not within the prohibited degrees, so long as a non-agnate within the prohibited degrees such as maternal uncle is available. In short, if a marriage is possible between the hazin and the child, then the former is not entitled to the custody of the child. It is submitted that this prohibition can obviously apply in respect of female child only. Thus, a boy may be entrusted to the custody of the paternal uncle’s son, but a girl cannot be. The basis of this rule is that where a marriage between the guardian and the girl is possible, the guardian is not entitled to the custody of the child.

It seems that this rule is not recognized by the Shias.

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