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The question

What is the ruling on a wife who left the marital home without her husband's consent and relinquished custody of her children and her deferred mahr (dowry) in exchange for her freedom, while she is pregnant with her second child, and the husband refuses to hand over the first child to her family?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A wife must obey her husband in what is right, and she is not permitted to leave his house without his permission unless there is a valid excuse. If she does so, she becomes rebellious (nashiz) and forfeits her right to maintenance, unless she is pregnant. As for a mother waiving custody of her child, scholars have differed on the validity of such an act, based on whether custody is considered a right of the custodian or a right of the child. Since there is an ongoing dispute and the matter is subject to scholarly disagreement, the final decision rests with the Sharia judge.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
121952
Imported
Translation status
Source text, unreviewed
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