Is it permissible to stipulate in the divorce decree that the wife remain with her children to raise and provide for them, especially since she insists on divorce without cause and demands a furnished apartment to raise the children?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A woman is not permitted to seek a divorce without a legitimate Shari reason. If she does so, the husband may refuse until she forfeits some of her rights to him. The custody of children below the age of discernment belongs to the mother, unless there is a Shari impediment. As for those who have reached the age of discernment, they are given the choice to reside with either the father or the mother. The financial support of the children is obligatory upon the father as long as they do not possess wealth or income.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/110621
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 110621
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy