Is a wife entitled to seek divorce while retaining custody of her male children who are over seven years old, without forfeiting her financial rights (the house and monetary bonds), given the husband's mistreatment of her and her family, his threats to her, his inability to provide for the family, in addition to his taking usurious loans, and considering that he sometimes does not pray?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
What a husband does in terms of injustice and abuse towards his wife, taking her money without her consent, and resorting to magic and sorcery, are major sins. And since the husband is negligent in prayer, consumes usury, and is unjust, there is no blame upon the wife in seeking a divorce from him, and he has no right to take any of her money except with her consent. As for the custody of children after the age of seven, the best interest of the child should be prioritized in custody over choice or lottery.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/97732
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- Ftawy
- Original fatwa ID
- 97732
- 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