If There are No Females to Look after the Child

1. If there is no female relative of the child to take care of the child then the right of custody now goes to the father.
2. After the father it goes to the grandfather (dada – father’s father).
3. After the paternal grandfather the right of custody follows the pattern as in the guardian of marrying a girl (wali), that is great-grandfather, then brother, then paternal half-brother, then nephew (brother’s son), then nephew’s son, then the nephew’s grandson, then uncle (father’s brother).
4. However, if the wali is a ghair mahram, that is with whom the child (girl in this case) can get married to (such as the uncle’s son), and there is fear of the wali not observing the limits of hijaab and pardah, then the child will be given into the custody of a later wali who is completely trustworthy.
5. Similarly, if the wali is a faasiq (immoral person, unobservant of the Shariah), he will have no custody right over the child. The child will be given into the custody of the wali next in line who is trustworthy and observant of the Shariah.

(Behshti Zewar)