Can a father obtain custody of his daughter, who is no more than one year old, from her mother with whom he committed adultery, by filing a lawsuit in the Sharia court, with the presence of witnesses?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the wife has engaged in an illicit relationship, she cannot be trusted with raising her daughter, and her right to custody is forfeited as long as she remains in that state; because فسق (moral corruption/disobedience to Allah) is one of the impediments to custody. The judge will rule on the matter based on the evidence presented to him, and the judge's ruling resolves the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/119331
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 119331
- 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