In Arabic hadhana means "the distance between the armpits to the loins"...

In Arabic hadhana means "the distance between the armpits to the loins", "the chest and the two arms and what includes in between", that can be summed up as "embrace".

Accordingly, hidhana , which can grammatically be either infinitive or noun[^7], means, "to clasp the baby to one's breast", "to nurture the baby", "to embrace the baby", which can be viewed as a synonym to "nursing" and "wet nursing".[^8] In Islamic jurisprudence, hidhana is used in its lexical meaning[^9] and it does not have a new meaning (legal reality) – as some believe. Thus, using the word wilaya in the meaning of "guardianship" for the definition of hidhana [^10] would not be correct.

Among the issues open to discussion about custody is whether it is a right or a decree. Some believe that religious laws (legal fabrications) are divisible into right and decree, the most important difference of which is in transferability of their use to others; and also the possibility of refusing to use it ( isqat = relinquishment) in case it is a right and the impossibility to do so in case it is a decree.[^11] If we accept that transferability and relinquishment are two basic features of right, then it is argued whether child custody is a right or a decree.

To those who believe custody is a kind of guardianship ( wilaya ), it is a decree, for wilaya is among the granted legal decrees which are removed or devised by the grantor or legislator and the one who is religiously accountable ( mukallaf ) has no option in fabricating or not fabricating them; consequently, neither of the parents can refuse to accept it.

However, those who do not regard wilaya as valid in the concept of custody, naturally view it as among the rights; as a result either of the parents would be permissible to refuse to take care of the child (accept its custody).[^12] To our opinion, even if we regard custody to be among the rights, no conclusion can be made from it for the permissibility to refuse to put it into action in all cases; for, right is divisible in one aspect into two types of natural-innate and entrusted.

The entrusted right is an authority given to a person by law and perhaps it can be viewed as synonym to "sovereignty"; natural right, however, is one genetically enjoyed by everybody without requiring any legal authority, like right to freedom. Accordingly, undertaking a person's custody takes place in one of the following two ways: 1. Genetic (natural) and 2.