What does the noble Sharia say regarding child custody in the event that the husband wishes to divorce his wife, who does not observe prayer and desires to remain in Sweden, while he fears for his children and wishes to return to his home country?
It is not permissible to keep your wife under your marital bond if she denies the obligation of prayer or abandons it entirely, because that takes her out of Islam. However, if she prays sometimes and abandons it sometimes, it is advisable to be patient with her and remind her, and if she persists, then separation is obligatory.
Regarding the custody of children, there is no harm in taking them with you to your country. If they reach the age of seven, you have a stronger claim to them, and the more suitable of the two parents is given precedence for the child's benefit. If they have not reached the age of seven, the father has a stronger right to custody if one of the parents wishes to travel to another country, especially if the mother is in a country where the children's religious or educational well-being is feared to be compromised.
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