What is the ruling regarding a second wife who manipulates documents, files lawsuits for dower and maintenance, abuses her husband, lives with her mother, refuses reconciliation, and does not care about divorce? Is her filing for divorce considered Khul‘ (a form of divorce initiated by the wife)? And to whom does the custody of the daughter go, given concerns about her upbringing due to the mother's behavior, educational level, and threats?
The general rule concerning divorce is that it is disliked, but some situations may render it necessary or obligatory, such as a wife's continuous mistreatment or her ingratitude towards her husband.
Before divorce, one must attempt reconciliation, exercise patience, and involve relatives.
If divorce is an unavoidable solution, seek guidance from Allah (istikharah), consult others, and rely on Allah.
A wife's recourse to the judiciary may be for seeking divorce or khul' (if she pays money or returns the dowry).
As for custody, the mother has a greater right to it unless there is an impediment, such as her marrying a non- (stranger) or her bad conduct. In such a case, custody transfers to the maternal grandmother, then the father. Sheikh al-Islam and Ibn Uthaymeen favored the father having a greater right to custody in disputes between him and the maternal grandmother.
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