Answered by Shaykh Abdurrahman ibn Yusuf Mangera
In the name of Allah, the Inspirer of truth.
The mother of the child has the first rights of looking after the child. This is as long as she does not become unfit either due to marrying a non-marriageable kin of the child, becoming indulgent in activities that does not allow her to take care and nurture her child, or she is unable keep the child in a safe and protected environment. She looses here rights over him in such cases. The custody is then passed on to the maternal grandmother if she is suitable, otherwise it is passed on and on until it comes to the father. Please see the section on Custody of Children below from the Heavenly Ornaments for details on this.
Once the father gains custody of the child it becomes his responsibility to make arrangements for the child. He may have one of the relatives look after the child or hire someone for that.
It should also be remembered that it is not permissible for the father to take away a young child from the mother either through the court system or in any other way if she is worthy of mothering the child.
The above is the general guidance on this issue. For the case in question, it would be necessary for you to explain in more detail what kind of abuse is inflicted by the mother or by the grandmother upon the child in order to deny them their rights for custody. In this regard, assistance from a local scholar acquainted with the family would probably be most useful.
And Allah knows best.
Abdurrahman ibn Yusuf
MMVIII © Qibla.
All rights reserved
No part of this article may be reproduced, displayed, modified, or distributed without the express prior written permission of the copyright holder. For permission, please submit a request at our Helpdesk.
The Messenger of Allah, peace and blessings be upon him, said, "Knowledge is only through study." While some knowledge can be gained from reading or casually listening to lectures, the best means to gain knowledge is through finding a qualified teacher and then setting up a systematic program of learning. Picking up a book or reading an article and trying to figure things out on our own is no substitute for learning from someone who has a direct link to our living tradition.
Through joining an online class at Qibla, you can benefit from convenient, online courses that will give you access to reliable scholars and our popular curriculum learning tracks. Knowledge gained in these courses will both build your iman and assist you in putting into practice what you learn. Don't give yourself less than you deserve, register today.