Does the wife forfeit her right to حضانة (custody) of her children if she requests a divorce due to repeated marital problems and the husband's insults towards her and their children, and what is the judicial and Shar'i ruling on this in Gulf countries?
If a man divorces his wife with the third pronouncement, she becomes unlawful for him until she marries another husband and he consummates the marriage with her, and then he divorces her.
A wife has the right to seek divorce if her husband beats her without a legitimate reason, but it is not advisable to rush into seeking divorce due to the potential harms that may result.
In the event of divorce, the mother has a greater right to custody of children under the age of seven, unless she remarries. As for those who have reached this age, their matter is referred to what serves the child's best interest, and matters of custody are detailed in the Sharia judiciary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100365
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100365
- 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
- Read the full answer on Ftawy