Is the wife's continuation with her husband—who swears by divorce, utters blasphemy, betrays her, and does not pray—while she knows that this may render their marriage null and void, considered a violation of Islamic law?
If the husband utters clear disbelief (kufr) or abandons prayer, either by denying its obligatory nature, or absolutely according to some scholars, he is considered an apostate, having exited the fold of Islam. In this case, the marriage contract is dissolved, and separation becomes obligatory unless he repents before the expiry of the waiting period ().
If the wife is certain that her husband has divorced her three times, it is not permissible for her to remain with him, even if the husband denies it. She must escape from him and ransom herself with her money.
In the event of separation, the custody of young children belongs to the mother, unless there is a legitimate impediment. It is advisable to present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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