Back to search
The question

What is the ruling on a wife resorting to an illegitimate divorce body to obtain a divorce, depriving the husband of seeing his son except at specific times while obligating him to pay alimony, and her saying that the father is unfit to raise his son?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A woman is not permitted to seek a divorce unless there is a valid reason. If the husband refuses, she should refer her case to a judge or an Islamic center. A divorce processed through an Islamic center may be documented in civil courts. However, a divorce granted by a civil court without the husband's consent or the approval of an Islamic center is not valid due to the lack of legitimacy of its judge. After a Sharia-compliant divorce, custody of the children remains with the mother until the age of seven, provided she does not remarry. After that, a male child is given the choice between his parents, while there is a jurisprudential disagreement regarding a female child. This matter should be presented to a trustworthy Sharia authority.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
7466
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy