Can a woman seek retribution (qisas) from her husband who beat her many times without causing fractures or bleeding? And is she entitled to prevent the child's father from seeing his son after she divorces him and gives birth to her child?
There are two scenarios regarding a husband hitting his wife: the first is out of fear of disloyalty (nushuz), and the second is without a legitimate reason.
In the case of fear of disloyalty: - If the husband limits himself to non-brutal hitting after admonishment and desertion, then the wife is not permitted to demand retribution (qisas) or report the matter to the ruler. - If the hitting exceeds the permissible limit, she may report the matter to the ruler, and scholars differ on whether qisas is obligatory or not.
As for hitting without a legitimate Sharia reason, the wife may report the matter to the ruler, and there is a difference of opinion between qisas and discretionary punishment (ta'zir).
As for the mother preventing her divorced husband from seeing his child, this is not permissible, because it raises the child to be disobedient to the father and to sever ties of kinship, and because the father has the right to see his son.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 43315
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy