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Is the husband obligated to pay the rent for his divorced wife's apartment in France and rent it in his name, despite their agreement to finalize the divorce in Algeria and return there, and his desire for the children to remain close to his place of residence?

1 min readAlso available in العربية

If the 'iddah (waiting period) of divorce has expired, the wife becomes irrevocably divorced, and she is free to reside wherever she wishes. She is not obligated to fulfill any promise to return to her hometown. The custody of the two children is the mother's right unless there is a valid impediment. If she does not have a residence, her accommodation becomes the father's responsibility, within reasonable limits and according to his capacity. If the mother resides in a country other than the father's, the majority of scholars hold that the father has a greater right to custody. Therefore, the father is not obliged to rent a dwelling for his ex-wife and children in a place far from him at an excessive rent. As for resolving the dispute, it is to be referred to the Sharia court.

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Source platform
Ftawy
Original fatwa ID
181509
Imported
Translation status
Source text, unreviewed
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