To whom does the custody of the two children go if the wife, afflicted with a rare and incurable disease, requests a divorce, and her father is deceased, and her family (her mother, brothers, sisters, and their children, eight in total) live in one room?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A wife is not permitted to seek a divorce without a valid Shar’i (Islamic legal) excuse. However, she is allowed to do so for permissible reasons. After divorce, if the children are under seven years of age, the mother has a greater right to their custody, unless her illness is contagious or harmful to them; otherwise, her right to custody is forfeited. If they reach seven years of age or older, the children are given the choice between the father and the mother. A confined space does not invalidate custody as long as safety and care are provided.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/107441
Where this answer came from
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- Ftawy
- Original fatwa ID
- 107441
- 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