Is a wife who refuses to return to the marital home entitled to take her one-year-old son with her?
If the marital relationship is ongoing, then custody is a right for both spouses, and neither of them is permitted to 독점 the child and take him without the other's consent. A wife's departure to her family's home and her refusal to return without a legitimate reason is considered nushuz (disobedience), which forfeits her right to maintenance. The husband has the right to discipline her Islamically. It is advised to involve wise individuals to avoid separation and family disintegration. To achieve family stability, both spouses should know and fulfill each other's rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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