Is it permissible to divorce the disobedient wife at her parents' home, given that the questioner has not seen his daughter since her birth, and he does not wish to lose custody of his daughter?
The wife and her family do not have the right to prevent the father from seeing his daughter, whether the marital bond remains or separation has occurred. Their prevention is an injustice. It is advised to strive for reconciliation and to involve wise individuals. If reconciliation is achieved, then praise be to Allah. If divorce is the solution, do not rush into it; rather, marry another woman. The second wife or her family do not have the right to stipulate the divorce of the first wife. If they insist, then seek someone else. If the first wife remains, be sure to be just between them. If she requests a divorce, you have the right to refuse until she offers a ransom to you, and you can stipulate her relinquishment of the daughter's custody. Seeing your daughter is your right in all circumstances, and the final arbiter is the Shariah court.
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- Original fatwa ID
- 168430
- Imported
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- Source text, unreviewed
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