For Ali and Ja'far disputed the custody of Hamza's daughter, and the Prophet (peace and blessings of Allah be upon him) did not disapprove of either of them claiming custody. Furthermore, because they possess legal guardianship and agnatic entitlement (ta'sib) by virtue of kinship, custody is established for them, just as it is for the father and the grandfather. They differ from strangers, as the latter have neither kinship nor affection. Moreover, strangers are equal in their lack of kinship, so no one among them is more entitled to priority than another, whereas agnates have a kinship by which they are distinguished. The most entitled among them to custody is the one most entitled to inheritance after the fathers and grandfathers. They stand in the place of the father in giving the child the choice between him and the mother, or anyone else among the women who has custody. They are also more entitled to a young girl once she reaches seven years of age, except for the paternal cousin, for the girl is not to be handed over to him upon reaching seven, because he is not a mahram to her.

Section: As for the men among the distant kindred (dhawi al-arham), such as the maternal uncle, the brother through the mother, the mother's father, and the sister's son, they have no custody as long as any of the people entitled to custody other than them exist; because there is no woman to oversee the custody, nor do they possess the strength of kinship that agnates have. There is no custody for those who are related through them, such as the mother of the mother's father, the daughter of the maternal uncle, and the daughter of the brother through the mother, because they are related through someone who has no custody; if it is not established for the person through whom one is related, then for those who are related through him, it is even less so. If there is no one there other than them, two views are possible. One is that they are more entitled, because they possess the blood tie (rahim) and kinship through which they inherit in the absence of someone more entitled than them; likewise, custody belongs to them in the absence of someone more entitled to it than them. The second is that they have no right to custody, and the matter shifts to the judge. The first view is more appropriate.

Section: Regarding the clarification of who is the most entitled, followed by the next, among the people of custody when men and women are both present.