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The question

Is the wife's waiver of her right to custody before a non-Muslim judge binding on her, and is this judge's decision regarding the children's maintenance (nafaqah) binding on the father, given the absence of an Islamic court or an Islamic center for dispute resolution in the Western country of residence?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the spouses agree to resort to an Islamic dawah center for arbitration, then they must do so. The mother's relinquishment of her custody does not require a judge's ruling; her acknowledgment is sufficient. As for maintenance, the father is obligated by to provide for his children, and its amount is determined by custom. If the ruling of a non-Muslim judge aligns with custom, it must be adhered to because it conforms to custom, not because it is the judge's ruling. If there is no qualified Muslim judge, it is permissible to resort to a rational Muslim, and his judgment is binding if both parties commit to it, because "reconciliation is permissible among Muslims."

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
3886
Imported
Translation status
Source text, unreviewed
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