Kuwait Court of Cassation principle number 842

Custody is a right of the custodian and the child in custody. The right of the child in custody is stronger than the right of the female custodian. The general rule is that custody belongs to women, and the mother is the person most entitled to custody of her child. - It is established in the school of Imam Malik that there are cases in which custody is not assigned despite the female custodian's marriage to an unrelated man, so that the child is not lost, such as the custodian's untrustworthiness or incapacity.