Islam
The custodian is required to be a Muslim, which is the view of the Shafi’i and the Hanbali Madhabs, the view of Ibn Wahb from the Maliki Madhab, and it is reported to be the view of the majority of scholars. It is the view of Ibn Hazm, Ibn Al-Qayyim, Ibn Baaz, and Ibn ‘Uthaymeen.

2. Puberty
The four Madhabs [264]    According to the Maliki Madhab, puberty is a condition to ensure self-preservation, and sanity is a condition in order to preserve wealth, even if the person has not reached puberty. are in agreement that the guardian is required to be an adult.

3. Sanity
The four Madhabs agree that the custodian is required to be sane.
 
4. The custodian of a female child must be a mahram for her if the custodian is a man:
The majority of scholars agree that the custodian of a female child has to be a mahram for her. This is the view of the Hanafi, Maliki, and Hanbali Madhabs and one of the views of the Shafi’i Madhab.

5. The husband of the custodian
a. If the custodian is married to a man not related to the child. The four Madhabs are in consensus that the custodian must not be married to a man who is not related to the child, so she is given custody of the child. [265]    Ibn al-Qayyim said: “There is no doubt that a married woman is not prohibited from the custody of her son if she, the former husband (father of the child), and the child’s relatives agree on to giving her precedence in custody. Also, there is no doubt that it should not, rather it is not permissible, to separate the mother from her child after she remarries if the one who has the right to custody does not object to it. Zaad Al-Ma’aad: (5/409).
b. If the custodian is married to a man related to the child: The custody of the woman will not be forfeited if the custodian’s husband is not a foreigner to the child [266] The majority of scholars, from the Maliki, Shafi’i and Hanbali Madhabs are of the view that in order for the custody of the woman is not fortified, the new husband has to be related to child and has the right to his custody even if he was a non-mahram for the child custody of the woman is not fortified. However, the Hanafi Madhab made it a condition that the new husband be from the kins of the child and one of his mahram. , according to the consensus of the four Madhabs.
c. Does the custodian lose her custody over the child if she remarries another man once the marriage contract is conducted or after its consummation? The custody of the woman will be forfeited upon conducting her marriage contract, which is the view of the majority of scholars, namely the Hanafi, Shafi’i, Hanbali, and Maliki Madhabs.

6. The ability to fulfil the needs of the child in custody
The custodian must be able to look after what the child in custody needs, according to the consensus of the four Madhabs.

7. The good conduct
The good conduct of the custodian is not obligatory, which is the view of the Hanafi Madhab [267]    The Hanafi Madhab stipulates that the character of the custodian must not be bad in so far affecting the interest of the child   and the view of Ibn Al-Qayyim, Al-Sana’aanee, Al-Shawkaanee, and Ibn ‘Uthaymeen.