What is the ruling on a woman seeking divorce without a valid reason, and does the ex-husband have the right to reclaim his children after their mother's divorce, remarriage, and childbirth with another man?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A woman is not permitted to seek a divorce without a legitimate Shar'i (Islamic legal) excuse, due to the severe warning mentioned regarding this. A divorced woman has a greater right to the custody of her children unless she remarries. If she remarries, her right to custody is forfeited and transfers to the next deserving person. If the father has the greater right to the children's custody, he may reclaim them from their mother and take them into his care and 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/95236
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 95236
- 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