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- Is my wife entitled to custody of our son despite her not knowing him, and would I hold her and her family responsible for any psychological or physical complications he might suffer? - Is she entitled to claim alimony for the period she spent in her family's home without my consent? - Is she entitled to seek a divorce without a legitimate Shar'i reason, and can I legally request her and prevent some of her family members from reaching her if her eldest brother is the cause of our problems, motivated by seizing her money?

1 min readAlso available in العربية

A wife leaving her husband's house without his permission constitutes nushūz (disobedience), but it does not preclude custody (ḥaḍānah). She has the right to retract her relinquishment of her custody right; she can reclaim her right whenever she wishes. If the wife neglects the child's upbringing, the husband has the right to present the matter to the judge to revoke her custody, because competence and trustworthiness are conditions for custody. As for maintenance (nafaqah), the disobedient wife has no right to it. Furthermore, she is not permitted to seek divorce without a valid excuse. The husband may bring her matter before the judge to compel her to return home, and he may prevent anyone he fears will corrupt her from visiting her.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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