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Is it permissible to stipulate the wife's relinquishment of child custody—in the event of a dispute leading to divorce—for the marital relationship to resume, provided this is officially documented and she agrees to it?

1 min readAlso available in العربية

The person most entitled to custody of a child after the separation of the spouses is the mother, as long as she does not remarry, and this is by consensus. Since custody is one of the mother's rights, she has the option to demand it or relinquish it, whether for financial compensation or without. Jurists are of the view that custody is a right of the custodian, and he or she may relinquish it to someone of a lower status.

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

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