Is it permissible for the husband to retain his wife with kindness and request her presence in the house of obedience after informing her of his second marriage and his beer consumption and repentance, given her desire for separation? And is she entitled to seek khul' by presenting medical reports proving she was harmed by the second wife? What is the fate of the custody of their three young daughters in the event of divorce?
We praise Allah for your repentance and supplicate to Him for your steadfastness. One should choose someone to reconcile between you, and the wife's request for divorce should be refused, as she is not entitled to it unless there is harm, based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any harm, the scent of Paradise will be forbidden to her." The custody of the children belongs to their mother until they reach seven years of age, unless she remarries, based on his (peace be upon him) saying: "You have more right to him as long as you do not marry." After seven years, the male child is given the choice between his parents. As for the female child, scholars differ on who she should be with, and the ultimate decision rests with the judge.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7578
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7578
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy