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Is it Islamically permissible to demand the wife's return home after she left and sought divorce due to mistreatment, with the husband's repentance and improved conduct? And does an 8-year-old daughter have the right to be with the mother or the father?

1 min readAlso available in العربية

Mistreatment of a wife by her husband is impermissible. If the wife is harmed by staying with her husband, she has the right to seek divorce. However, if the cause of harm is removed, she is not permitted to seek divorce, and she must return to her home. If she does not, she is considered disobedient (nashiz). If she dislikes living with him and fears neglecting his rights, she may seek a khul' (divorce by mutual agreement, initiated by the wife) in exchange for compensation. In the case of divorce, a discerning daughter is given the choice between her parents. Some scholars are of the opinion that she should be with her father after the age of discernment, unless there is an impediment. In case of dispute, the primary course of action is to refer to the Sharia court.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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