1. Is it permissible for the wife to move with her children to her home country accompanied by her family, thereby disobeying her husband who resides in the UAE? 2. Is the wife entitled to custody of the children if she is considered disobedient (nashiz)? 3. Does the wife's right to child custody fall if she moves from the UAE to the spouses' home country after obtaining divorce and custody, while the husband remains a resident in the UAE?
A wife must obey her husband and not travel or take the children without his permission, unless there is a compelling necessity or a ruling from a judge. A wife's disobedience (nushuz) does not affect her right to custody. Rather, her right is based on the fulfillment of the six conditions for custody: sanity, Islam, chastity and trustworthiness, residence in the child's country, not marrying a foreign man, and being free from diseases and habits that could affect the child. If the wife obtains a divorce and custody, her travel with the children to her home country is subject to the discretion of the judge who ruled on custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 34724
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy