And because by the contract, he gains ownership of her benefits, and her husband is entitled to prevent her from custody; thus, her right terminates, as is the case if he had consummated the marriage with her.

Second Section: If the mother is absent, married, or not among those qualified for custody, and a paternal grandmother and a maternal aunt meet, the paternal grandmother is more entitled. This is the view of Abu Hanifah and al-Shafi'i in his new position. It has also been reported from Malik and Abu Thawr. It is narrated from Ahmad that the sister and the maternal aunt are more entitled than the father. Based on this, it is possible that the maternal aunt is more entitled than the paternal grandmother. This is the old view of al-Shafi'i because she is related through the mother, while the paternal grandmother is related through the father; thus, the one related through the mother is prioritized, like prioritizing the maternal grandmother over the paternal grandmother. Furthermore, the Prophet (peace be upon him) ruled in favor of the maternal aunt for the daughter of Hamzah and said: "The maternal aunt is like a mother." Our argument is that the paternal grandmother is an inheriting grandmother, so she is prioritized over the maternal aunt, like the maternal grandmother. Furthermore, she possesses both childbearing (lineage) and inheritance rights, making her similar to the maternal grandmother. As for the hadith, it indicates that the maternal aunt has a right in general, and the dispute is not over that, but rather over the preference when they meet. Regarding their statement that she is related through the mother, we say: But she possesses no childbearing link, so the one who possesses a childbearing link is prioritized over her, just like prioritizing the maternal grandmother over the maternal aunt. According to this, whenever an inheriting grandmother is found, she is more entitled than anyone who is outside the two direct lines of lineage in all cases, even if her degree is higher, due to the virtue of childbearing and inheritance. As for the grandmother of the mother's father, she has no custody because she is related through the mother's father, who has no custody, nor does anyone who is related through him.

Section: If a maternal grandmother and a paternal grandmother meet, the maternal grandmother is more entitled, even if her degree is higher, because she possesses a childbearing link, and she is related through the mother, who is prioritized over the father, so it is necessary to prioritize her over her, like prioritizing the mother over the father. From Ahmad, it is reported that the paternal grandmother is more entitled, which is the analogical deduction of al-Khiraqi’s view because he prioritized the father's maternal aunt over the mother's maternal aunt, and the father's maternal aunt is the sister of his mother, while the mother's maternal aunt is the sister of her mother. So, if he prioritizes the sister of the paternal grandmother, it indicates her priority, and that is because she is related through an agnate (asaba) while being equal to the other in childbearing, so it is necessary to prioritize her, like prioritizing the sister through the father over the sister through the mother. The mother was only prioritized over the father because she is a female who performs custody by herself, so likewise is the paternal grandmother; she is a female who performs it by herself, so she is prioritized for the reason we mentioned.