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Is it permissible for the wife to request a khulʿ (divorce initiated by the wife) due to her illness and inability to perform her marital duties, in addition to being subjected to insult and abuse from the husband, which has negatively affected her health? And to whom does the custody of the children go in this case?

1 min readAlso available in العربية

Disobeying the Lord and wronging oneself, one's wife, and one's child by the oppression of his poor wife, causing her illness, is warned against, as is the consequence of injustice and transgression. Allah hastens His punishment in this world, along with what awaits the oppressor of torment and disgrace on the Day of Judgment. In the Hadith: "There is nothing in which Allah the Almighty is obeyed that brings a swifter reward than maintaining kinship ties, and there is nothing that brings a swifter punishment than injustice and severing kinship ties. And a false oath leaves homes desolate." And the Messenger of Allah, peace and blessings be upon him, said: "Beware of injustice, for injustice will be darknesses on the Day of Resurrection." And his actions are among the major sins and abominations for which one fears an evil end. Oppressing the weak, the owned, the female servant, the wife, and the beast is a major sin, for Allah has commanded kindness to them: "And worship Allah and do not associate anything with Him, and be kind to parents and to relatives, orphans, the needy, the neighbor who is a relative, the neighbor who is a stranger, the companion by your side, the traveler, and those whom your right hands possess. Indeed, Allah does not like those who are conceited and boastful." The wife has the right to khul' (divorce at her initiative) or divorce to claim her rights, and scholars have mentioned that a man's unjust oppression of his wife permits her to seek divorce, even if it happens only once. And the husband is disciplined for that. The custody of children belongs to the mother until they reach the age of seven, unless she remarries, in which case her custody is forfeited.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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