Is the husband required to perform the aqiqah for his newborn, given that he is in a state of dispute with his wife, who resides in the Netherlands, and is the wife demanding a divorce after numerous disagreements between them?
A husband has the right to obligate his wife to reside with him wherever he settles, and the wife must obey her husband in this matter unless she has stipulated otherwise. The wife must fear Allah and obey her husband, and she is not permitted to seek divorce unless there is a legitimate reason. The husband should not hasten to divorce her, but if she insists on disobedience, he may divorce her or refrain from doing so until she offers him a ransom.
Custody after divorce is the right of the mother unless she remarries or there is a legitimate impediment. However, if one of the spouses travels a migratory journey, the father has a greater right to custody, even if he is the one traveling. The brother should strive to prevent the children from remaining with their mother in non-Muslim countries after the divorce.
The ' for the newborn is incumbent upon the father, and he is responsible for the child's expenses even if a divorce occurs.
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- Original fatwa ID
- 86217
- Imported
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- Source text, unreviewed
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