What are the conditions and reasons that permit a husband to divorce his wife without maintenance while retaining custody of the children? Is the wife's moral corruption one of these reasons? And how is divorce carried out in these cases; is it by the husband or the judge?
The fundamental principle concerning divorce is permissibility. It is commendable to divorce a wife if she is characterized by moral corruption or if the husband fears she will not fulfill her religious obligations, and this does not require a judge. A wife who is revocably divorced has the right to maintenance, clothing, and housing for the duration of her iddah (waiting period). As for a wife who is irrevocably divorced (three divorces, or for compensation, or by annulment from a judge), she has no right to maintenance, clothing, or housing, unless she is pregnant, in which case she is entitled to maintenance and housing for the duration of her pregnancy. The custody of children is a right of the divorced wife, unless there is an impediment that nullifies her right, such as proven moral corruption that would negatively affect the children's morals.
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