Does what the questioner did – from the beginning of the details related to his divorce and his agreement with his ex-wife due to her betrayal, and her waiver of her rights and the custody of their daughter to his mother, then his taking his daughter and traveling with her to Cairo out of fear for her and preventing his ex-wife from seeing her after she filed a lawsuit demanding custody of their daughter and the bride's trousseau list – anger Allah, and how can he rectify it? And is he in the right or in the wrong according to Islamic law?
You did well by covering up for the woman and divorcing her without exposing her. There is no blame upon you for stipulating that she relinquish her rights in exchange for the divorce. However, stipulating that she waive custody of the daughter is a matter of scholarly disagreement, and the majority of scholars hold that this condition is invalid. The custodian does not have the right to prevent the other party from seeing and visiting the child under custody. If a dispute arises regarding the arrangement of visits, the judiciary shall arbitrate it. Therefore, you do not have the right to prevent the woman from seeing her daughter, and if you fear harm, refer the matter to the judiciary.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/159199
- Source platform
- Ftawy
- Original fatwa ID
- 159199
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy