To whom does child custody devolve if the wife goes to her family's home without a divorce (ḥard), and does the wife obtain custody if she resorts to the judiciary without a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife leaving her husband's house without his permission is considered an act of defiance (nushooz), and the husband has the right to abandon her. The wife does not forfeit her right to custody of her children merely by her act of defiance and before divorce; custody is a shared right of both spouses as long as the marital bond exists.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/101244
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 101244
- 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