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The question

I have separated from my husband due to domestic violence and physical abuse, and I have filed for annulment of the marriage. I have a three-year-old daughter, and I am asking about: the right of custody and the possibility of the daughter staying overnight with her father; the financial allocations totaling R55,000 that the husband retains and refuses to return; my right to financial support during the separation and 'iddah period; and the recovery of my jewelry and personal belongings that he refuses to return, claiming that they should remain with the family and his daughter.

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

All praise is due to Allah.

Custody of a child after divorce goes to the mother until the age of seven, provided she does not remarry. The schools of thought differ concerning the duration of custody: - Shafi'is and Hanbalis: Until the age of discernment (7-8 years), after which the child is given a choice between their parents. - Malikis: Until puberty for males and until marriage for females. - Hanafis: Until the male child no longer needs his mother's care, and until the female child reaches puberty.

The father has the right to visit the child in the mother's care, but he does not have the right to stay overnight unless she consents.

The financial allowances given by the husband to his wife are a gift that he is not permitted to reclaim. He is obligated to provide for the wife during her waiting period (iddah) if the divorce is revocable, and always for his children.

Jewelry and gifts presented by the husband to his wife during engagement or after marriage are her exclusive property, and he has no right to take them or prevent her from having them.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
190825
Imported
Translation status
Source text, unreviewed
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