Is it permissible for a Muslim woman to ask for the divorce of the non-Muslim, irreligious foreign wife who has children from the suitor? Is verbal divorce sufficient, or are formal procedures required? Do all the rulings of Sharia-compliant divorce apply to it? Is it permissible for the father to leave his children in the care of the non-Muslim foreign mother in lands of disbelief?

If the wife is a Scripturalist and he married her in a valid marriage, it is not permissible for a Muslim woman to ask a suitor to divorce his Scripturalist wife. If the husband divorces his Scripturalist wife, the divorce takes effect regardless of official procedures, and the rulings of divorce, such as iddah (definition) (waiting period) and رجعة (return to marital status), apply. The majority of jurists hold that a disbelieving mother has no right to custody, and if she is divorced, it is not permissible for the father to leave his children with her; rather, he must strive to take them from her.