What is the religious ruling regarding a wife divorcing her husband without his knowledge or attendance at reconciliation sessions, her second marriage after this divorce, her falsification of alimony case data, and her bargaining to hand over the third child to the father in exchange for waiving his legal rights?
The issues brought before the judiciary are decided by the judge, and the validity of the khul’ (divorce at the wife's instance) in them cannot be judged. Rather, we clarify the Shariah rulings:
- The wife is obligated to obey her husband in moving with him to another country, unless she stipulated in the contract that he not take her out, and unless she would be harmed. - The default in khul’ is the husband’s consent. However, the judge may rule for khul’ without the husband’s consent when the wife is harmed and the husband refuses. - Deception, forgery, and lying are forbidden. If the judge rules for khul’ or divorce based on falsehood, the ruling is not inwardly effective, and it is not permissible for the woman to marry or take the money awarded unjustly. - If the custodial mother marries a stranger to the child, her custody is forfeited and transfers to the maternal grandmother, then to the paternal grandmother or the maternal aunt, or the father according to some scholars. - If the spouses separate and each is in a different country, the father has priority for custody according to most scholars. - Disputes regarding custody are decided by the Shariah judge.
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- Original fatwa ID
- 172949
- Imported
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