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?
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.
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