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Is it permissible for the husband to divorce his wife and take custody of their two children, due to her leaving the house without his permission, her telling him "You are forbidden to me," her refusal to obey his commands to abandon bad company, saying "I do not acknowledge this" when reminded of Allah's right, in addition to her cursing his mother and him?

1 min readAlso available in العربية

A wife's actions of leaving the house without her husband's permission, cursing him and his mother, and forbidding herself to him are all forbidden (haram) and she is considered rebellious (nashiz). Her right to maintenance (nafaqa), clothing (kiswa), and equal division of time (qasm) is forfeited. The treatment for a rebellious wife is to follow what the Qur'an has commanded. A wife's statement to her husband, "You are forbidden to me," is subject to the ruling of an oath, and she must offer expiation for breaking an oath. The wife's denial of her husband's rights over her is wrong, for "men are in charge of women" (Qawwam). If the wife does not respond to the Qur'anic treatment, the husband is not at fault for separating from her. Regarding the custody of children, the mother has a greater right to the custody of a child who has not reached the age of seven, unless she marries or there is an impediment. As for a child who has reached the age of seven, jurists differ on their custody, and the preponderant opinion is to consider the child's best interest.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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