It is not lawful for a guardian to pledge into his own hands goods belonging to his ward on account of a debt due to him, or into the hands of his child being an infant, or into the hands of his slave being a merchant and free from debt. (Hidāyah, vol. iv. p. 214.)
A father can pawn the goods of his infant child into his own hands for a debt due from the child, or into the hands of another of his children being an infant.
A father may also pawn on account of his own debt the goods belonging to his minor son, who on coming of age will redeem the goods discharging the debt, and have a claim on the father for the sum.
The contract of pawn entered into by a father with respect to his minor child’s goods cannot be annulled by the minor, even if it were not for his own debt or for his own benefit.
The mother is, of all the persons, the best entitled to the custody (ḥiẓānah) of her infant child during marriage and after separation from her husband, unless she be an apostate, or wicked, or unworthy to be trusted. (Fatāwā-i-ʿĀlamgīrī, vol. i. p. 728.)
Next the mother’s mother how high soever is entitled to the custody (ḥiẓānah) of a child; failing her by death, or marriage to a stranger, the full sister is entitled; failing her by death or marriage to a stranger, the half-sister by the mother. On failure of her in the same way the daughter of the full sister, then the daughter of the half-sister by the mother. Next the maternal aunt in the same way, and then the paternal aunts also in like manner. (Fatāwā-i-ʿĀlamgīrī, vol. i. p. 728.)
An umm-i-walad (or a female slave who has borne a child to her master), when emancipated, obtains the right of taking her child. (Hidāyah, vol. i. p. 389.)
When it is necessary to remove a boy from the custody of women, or there is no woman of his own people to take charge of him, he is to be given up to his agnate male relatives (ʿaṣābah). Of these the father is the first, then the paternal grandfather, how high soever, then the full brother, then the half-brother by the father, then the son of the full brother, then the son of the half-brother by the father, then the full paternal uncle, then the half paternal uncle by the father, then the sons of paternal uncles in the same order. But though a boy may be given up to the son of his paternal uncle, a girl should not be entrusted to him.
No male has any right to the custody of a female child, but one who is within the prohibited degrees of relationship to her; and an ʿaṣābah who is profligate has no right to her custody. (Fatāwā-i-ʿĀlamgīrī, vol. i. p. 729.)
A female’s custody of a boy terminates when he is seven years old, and of a girl at her puberty.