HIERARCHICAL ORDER OF PRECEDENT REGARDING THE RIGHT OF CUSTODY OF A CHILD IN SHARĪ’AH
“It should be noted that the father is the primary and natural guardian of his minor children and the right of custody of the mother and the female relation mentioned in the hierarchical order stipulated under the Shari’ah is subject to the supervision of the father which he is duly entitled to exercise by virtue of guardianship.
In the case where a mother is for any reason disqualified from taking custody of her children, then the following women will take her place accordingly:
1. Mother, whether Muslim or a kitabi;
2. Mother’s mother how high so ever;
3. Maternal aunt;
4. The mother maternal aunt;
5. The father’s mother
6. The father paternal aunt;
7. The child’s sister
8. The father’s executor;
9. Anyone appointed by the Court;
10. The child’s brothers, uncles and paternal grandfather.
The above represents the hierarchical order of precedent regarding the right of custody of a child in Shariah”
As was held in the case of ADAMU -VS- ABDURAHMAN (2020) LPELR-51580 (CA)
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