Does a woman have the right to seek divorce after her feelings for her husband have dried up, given his threat to take the children if she divorces him, and is her raising her children without a desire to continue the marriage considered a violation of Sharia?
Divorce is reprehensible in Islamic law and should not be resorted to except after exhausting all means of reconciliation. A woman is not entitled to seek divorce unless there is a legitimate reason, such as the husband's injustice, his immorality, or her aversion to him due to a defect in him. A severe warning has been issued against whoever seeks divorce without a valid reason: "Any woman who asks her husband for a divorce without any harm (done to her), the scent of Paradise will be forbidden to her."
Based on this, you do not have the right to seek a divorce merely because you do not feel love for your husband. Love is not a condition for the stability of marital life. Umar ibn al-Khattab, may Allah be pleased with him, said: "Not all homes are built on love, but on living together with honor and Islam." Moreover, affection and understanding between spouses require patience, overlooking mistakes, and focusing on the good aspects.
As for the custody of children in case of divorce, the default is that it belongs to the mother unless there is a legal impediment. Scholars differed on the age at which custody ends. The chosen opinion with us is that a boy is given the choice between his parents upon reaching the age of seven, and a girl goes to her father after the age of seven. The Sharia judge rules on custody matters in case of dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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