What are the wife's legitimate rights and the age of child custody if the husband wants to divorce her without cause and bargain with her to leave the home and relinquish her rights in exchange for remaining with her children until the age of custody?

If the agreement between the spouses is to postpone divorce and for the wife to remain under her husband's care to look after their children, in exchange for her forfeiting her rights after divorce, then this is a promise that is recommended to be fulfilled, but it is not obligatory for the wife to forfeit her right.

However, if the agreement is for the wife to forfeit some of her marital rights during the period she remains with her husband in exchange for postponing the divorce, there is no objection to that. This is because the wife is permitted to reconcile with her husband by forfeiting some of her rights to maintenance or overnight stay so that he does not divorce her.

And if the agreement is for the husband to divorce his wife and house her in his home for the duration of the custody period in exchange for her forfeiting her rights, there is no objection to that, provided that the wife has a separate part of the house so that she does not seclude herself with the husband.

Regarding the custody of children, our preferred view is that when a boy reaches the age of seven, he is given the choice between his parents, and a girl after the age of seven stays with her father. The one who resolves this dispute is the Shar'i judge.