Is it permissible for a wife to seek divorce due to her husband's bad manners, his watching of pornographic films, and his lack of intimacy with her, and to set conditions in the presence of a sheikh and witnesses?
The preponderant opinion is that if the wife stipulates conditions that do not contradict the marriage contract, the husband is obligated to fulfill them. We advise you to discuss with your husband and counsel him regarding his viewing of pornographic films, his bad manners, or his shortcomings in conjugal relations, and that he should reconcile between you and his family, or protect you from their harm. If his condition improves, then praise be to Allah. Otherwise, you have the right to seek divorce due to harm, and this might be the more appropriate course of action. If a divorce occurs, your custody of your daughter is until she reaches seven years of age. Once she reaches seven, custody goes to the father until she marries, unless the father is unfit for custody, in which case he has no right to it. If the father is in the condition you described, we advise against handing the daughter over to him. If a dispute arises, it is best to refer the matter to the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/107626