Is the wife considered sinful for seeking divorce due to the ill-treatment of her husband's family and her husband's siding with them, and for refusing to see her child after birth to pressure him, then regretting it after her divorce and being deprived of her child, and is she entitled to request custody of her child now?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible for a woman to seek divorce from her husband due to harm, and there is no sin upon her for doing so. Likewise, it is not permissible for her to relinquish custody of her son out of defiance towards his father, nor is it permissible for the father to prevent her from visiting her son; rather, she has a greater right to his custody. She has the right to demand her custody, and if the father refuses, she may file a lawsuit to establish her right. It is preferable to attempt reconciliation and mutual agreement before resorting to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/94107
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 94107
- 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