What is the ruling on what the father did by verbally divorcing the mother of his children with a triple [divorce], depriving her of her rights, seizing her official documents, taking the children, and preventing them from communicating with their mother for many years? And what is the expiation for his sins?
Divorce occurs when the husband utters the divorce pronouncement or writes it with the intention of divorce. Official documentation is not a prerequisite, though documentation is important for safeguarding rights and resolving disputes. A divorced woman is entitled to her rights regarding the mahr (dowry) and financial support (nafaqa). There is a difference of opinion regarding the entitlement of a woman divorced with an irrevocable divorce (al-bā'ina) to financial support and housing. Custody is the right of the mother unless she remarries; it transfers to the father if either parent moves to a new location.
If the father withholds the mother's rights, he is unjust. He must repent and give her her financial rights. If the mother dies, her heirs are entitled to this right. Part of perfect repentance is to frequently supplicate for the mother. The father preventing the children from communicating with their mother is a great transgression and an assistance in severing ties of kinship. Nevertheless, the children must honor their father even if he mistreats them. They should be gentle with him to inquire about their mother's condition and connect with her if she is alive, or honor her if she has passed away.
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