Definition In terms of language - care for and

nurtures a child with his maintenance and upbringing.

It also means holding the baby and the birth early upbringing.

In Islamic terminology - educate or nurture the young by those who are granted the right to custody by Islamic law.

It also means nurturing and keeping those who are unable to carry on the business itself from the things that can hurt him because he is unable to differentiate the good and bad things.

CUSTODY(HADANAH)

Custody also include in providing the needs of children and administer food drink, clothing, personal hygiene and other related fields.

Law of custody The Law custody over the children is

mandatory Ignoring it means let them be in danger

and destruction. Duties of custody is more focused on

the mother because mother has characteristics and attitudes which are more suitable for the purpose of care than fathers, even though the father had married another woman.

Furthermore, a stepmother would not be able to nurture a child with the best that can be done by the mother.

Based on this position, Islam has set the custody to the mother's rights.

Prophet Muhammad s.a.w used to set to a mother's custody rights for which she has not remarried.

The Prophet s.a.w said which means:"You have more right for you not to

marry him.“ (Narrated by Ahmad and Abu Dawud) Rights and responsibilities will continue

until the child reaches the age of mumayyiz, which is 7 years old.

After that, the child can choose whether to continue living with her mother or want to live with his father.

Right of custody according to Syariaho According to Syafi’e, the child care is the right to mother.

o Then, mother to mother (maternal grandmother) to the condition that she must be the beneficiary,

o Then the father of the child.o Followed by the mother of the child’s father up on the condition that they are the heirs.

o Then followed the closest relatives of the mother family

o Then the closest relatives of the father family.

o In a summary, , if the mother has lost eligibility for nurturing or dies, the rights will be transferred to:

i. The maternal grandmother to the top.ii. The father.iii. Paternal grandmother to the top.iv. Sister from the same parents.v. The same sisters from maternal.vi. Sister from paternal.vii. Daughter of the sister from the same parents.viii. Daughter of the sister from same mother.ix. Daughter of the sister or sister from paternal.x. Maternal aunt.xi. Paternal aunt.xii. Male heir who could be heir of children as Asabah.

Conditions to be a guardian

According to the mazhab Shafi’e, a caregiver must have these conditions:

Of Islam. A mother who reject or apostasy cannot and is not entitled to nurture young children.

Sanity. Madman cannot be a caregiver but absurdity was too little, like a day in a year.

Trustworthy. Women who have no right to be treacherous nature of the guardian or caregiver, because she would not take care of the child as best as possible.

Baliqh. Small children need to more adults, especially for business recitation.

Women who are good and high moral values. Wicked woman, like the adulterer, alcoholic, thief, and so not entitled to be a babysitter.

Freedom. Slaves were not entitled to be a babysitter for the children.

Stay with the child who brought up. Where was her mother's caregiver, it is stipulated she was not yet married to another man. If she is married with a child of incest, the right care is fall if the former husband not willing to.

Have a place to stay. Children cannot be delivered to the mother or other caregivers if they have no fixed abode, either their own or rented house.

If the caregiver is a foreign woman, required her husband must have family ties with the child.