Is it permissible for a woman to have custody of her two daughters, and how can she divorce her husband who abandoned her with their two children, then took them from her and prevented her from seeing them, knowing that he has not divorced her yet?
A husband's refusal to provide for his family is an act of disobedience and a violation of rights. The wife has the right to demand her own maintenance and that of her two daughters for the period he withheld it. If he refuses or persists, she should refer the matter to a judge.
In the case of divorce, the wife has a greater right to the custody of the younger daughter until she reaches seven years of age. The father has a greater right to the custody of the daughter who has reached seven years, according to the prevailing view of the Hanbali school. The father is not permitted to prevent the wife from visiting her daughters.
Before divorce, custody is shared between the spouses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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