Is the wife entitled to refuse to live in the marital home registered in the name of his son, and another house in which the second wife and the husband's adult children share, and is she entitled to the custody of her children and their maintenance if the husband rejects her condition and divorces her?
It is the wife's right for her husband to provide her with a suitable, independent dwelling, especially if she stipulated this at the time of the contract. The wife has the right to refuse to reside in homes that are unsuitable for her and cause her harm. If a divorce occurs, the mother has a greater right to the custody of her children unless she marries a stranger to them, or if there is an impediment to her custody. The maintenance of the children is incumbent upon the father, while the maintenance of the wife is incumbent upon the husband during the waiting period (iddah), unless the divorce is an irrevocable one (talaq bain). She also has the right to claim a fee for custody. The amount of maintenance varies according to the husband's financial situation and is determined by the judge. Patience, an attempt at reconciliation, and reuniting the family are advised.
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- Ftawy
- Original fatwa ID
- 91862
- Imported
- Translation status
- Source text, unreviewed
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