Is a mother entitled to the custody of her children after divorce? Is she sinful for seeking a divorce in this situation? Can the father be compelled to pay child support for his children?
Custody of children belongs to the mother as long as she does not remarry; then it transfers to the next female in line. It is not permissible for a wife to seek divorce unless there is a legitimate شرعي reason, and it is preferable to exercise patience and strive for reconciliation. It is forbidden for a husband to abandon his wife without a legitimate شرعي reason, and he must provide for her and his children according to what is customary بالمعروف. If he abstains from providing, it is permissible for the wife to take from his money what suffices for her and her child’s maintenance, or to refer the matter to a judge. Issues of dispute should be referred to the court, and if there is a strong presumption of sorcery, then one should resort to شرعية (Islamic exorcism/healing).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 122506
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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