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Is the wife entitled to file for divorce (khulʿ), request custody of the children, and ask for a specific day to visit them, despite having left the marital home and the children, and refusing to keep the children with her from Wednesday to Friday? And does her custody right fall in this case?

1 min readAlso available in العربية

If the wife leaves her home without her husband's permission and without a legitimate Shar'i (Islamic legal) excuse, she is considered rebellious (nashiz). She is not permitted to seek a divorce without a legitimate Shar'i justification. Custody is shared between both parents as long as the marriage exists. The husband is not religiously obligated to take the children to the rebellious wife; rather, her duty is to repent and return to the marital home. If a divorce occurs, custody belongs to the mother unless there is a impediment on her part, and the judge will rule on it in case of dispute. Efforts should be made towards reconciliation because "reconciliation is better," and to avoid the negative consequences of problems or separation on the children.

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

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