What is the Shariah ruling on reckoning a divorce pronouncement that occurred during menstruation, given the scholarly disagreement on the matter, and the resulting implications concerning child custody and the father's right to visitation, especially in the absence of a Shariah court to rule on the issue?

Divorce during menstruation is effective despite being an innovation (bid'ah), and this is the view of the majority of scholars. If a divorce occurs and the couple separates, and the mother wishes to travel to her country, the majority (of scholars) hold that custody of the children, in this situation, belongs to the father. There is no blame upon a layperson regarding issues on which scholars have differed, if they adopt the opinion they are confident is correct, provided they are not following their whims or picking out concessions.