What is the ruling on a man divorcing his wife by mutual agreement of both parties, and what are the consequential rulings regarding the children?
A divorced woman is entitled to maintenance and housing if the divorce is revocable (raj'i). However, if the divorce is irrevocable (ba'in), she is not entitled to maintenance unless she is pregnant. She is also entitled to a consolatory gift (mut'ah), though there is a difference of opinion regarding its obligation, and deferred dower (mu'akhkhar al-sadaq) if it has not yet been paid.
If the divorce is revocable, the husband may take his wife back before the expiry of her 'iddah (waiting period). If the divorce is irrevocably minor (ba'in baynunah sughra), he may return to her with a new marriage contract. However, if the divorce is irrevocably major (ba'in baynunah kubra), meaning three divorces, she is not lawful for him until she marries another man and he divorces her.
As for the custody of children, the mother has a greater right to the custody of those under seven years of age, and a child who has reached the age of seven is given the choice between their parents.
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- 106807
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