Is it permissible, Islamically, for the husband to retain the marriage contract (Ismah) of his wife who leaves the marital home without his permission, travels, associates with men, and seeks divorce in the mosque and not a legal divorce?

If what was mentioned about the woman is true, then she is disobedient to her Lord, neglecting the rights of her husband through her defiance (nushuz) and her emotional relationship with a non-mahram man, and the subsequent scandalous pictures. Her family, who encourage her in this and strive to corrupt her against her husband, are cuckolds (dayyoothoon).

Her husband should enlist wise people to advise her family and the woman herself, hoping she might repent. Otherwise, he should hasten to divorce her, for there is no good in keeping her under his marital bond, as she defiles his bed and may attribute a child to him that is not his. Ibn Qudamah said: "Divorce is recommended when a woman neglects the rights of Allah or is not chaste, and he may be sinful by keeping her under his marital bond."

If divorce occurs, she loses custody due to her immorality (fisq), and custody transfers to the next eligible person.

We also draw attention to the danger of residing in lands of disbelief and the trials a Muslim faces there. Emigration is obligatory for whoever fears temptation for himself.

The relied-upon course of action is divorce or a Shariah-compliant khul', and registering this in the civil court for documentation and preservation of rights.