Is it permissible for a wife to detain a child in her apartment to pressure her husband into granting a divorce, and what is the ruling on a husband divorcing his wife as a result of her insistence on not leaving the apartment, and what is the ruling on a wife refusing to be with her husband and insisting on divorce on her own terms?
If the husband divorces his wife and then takes her back during her ' (waiting period), and the divorce was revocable, then the divorce is effective and the return is valid.
If the wife and her family demand a divorce and detain the child, then the divorce that occurs in this case is effective because it is not considered coercion that prevents the divorce from taking place.
However, the wife sins by demanding a divorce without a valid reason, and her family sins by inciting her to do so. If they assault the husband, it is a forbidden injustice.
The wife must return to her husband and obey him as long as he provides her with an independent and suitable dwelling.
If the spouses separate, the child at this age is given the choice between his parents. It is not permissible to prevent the father from seeing his child if the child chooses to reside with the mother.
In case of a dispute over custody, recourse is made to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 170978
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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