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Is it permissible for a mother to travel with her children after marrying another man, without the knowledge of her ex-husband, especially since she lives in difficult circumstances and her ex-husband does not provide adequately for them?

1 min readAlso available in العربية

We advise you to supplicate frequently, as divorce is disliked, and some scholars even tend to prohibit it if there are no reasons necessitating it, due to the negative consequences it entails, such as the fragmentation of the family and the loss of the children. The mother has a greater right to the custody of her children unless there is a reason that necessitates the forfeiture of her right, such as her marriage or her permanent relocation. In such cases, custody devolves to the father. Nevertheless, custody is based on the best interest of the child, and if there is a fear of harm to the children by their living with their father, then he does not have the right to their custody. If the mother's right to custody is forfeited, the matter must be brought before the Sharia court to consider it and rule in accordance with the children's best interest.

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Source platform
Ftawy
Original fatwa ID
156973
Imported
Translation status
Source text, unreviewed
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