Is the husband entitled to retrieve his child from his angry wife who took the child to her family's home, so long as the wife has not obtained a divorce or a custody order?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The wife's disobedience (nushuz) does not negate her right to custody. The child's welfare takes precedence in disputes between spouses. Therefore, if the child needs his mother and she lives with him in the same city, it is not permissible to take him away from her. Both parents are advised to strive for family reunification and to cooperate in raising their children.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100124
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100124
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy