To whom would custody of the two children go if the wife, afflicted with a rare and incurable disease that necessitates her frequent hospitalization, were to request a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the wife's visits to hospitals do not affect her ability to custody and care for her two children, then her right to custody remains. However, if she is unable to care for their affairs, this nullifies her custody, because the custodian is required to be capable and competent, and an incapacitated person cannot be a custodian. In the event that the mother's custody is forfeited, the right transfers to the next in line according to the order, and it is advised to refer the matter to the judge to consider the mother's suitability for custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/107683
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 107683
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy