Is the husband entitled to custody of his two children, who are not yet five years old, if his wife admits to an affair and asks for a divorce? And is the husband obligated to pay the deferred dowry, even if he is in financial straits, and is he entitled to recover what he spent on her over six years?

It is recommended to divorce an unchaste wife for fear of her corrupting the marital bed and falsely attributing lineage to the husband. It is permissible for the husband to restrain her and make life difficult for her so that she may ransom herself with money (khul').

If the wife agrees to waive the deferred dowry in exchange for divorce, then that is well and good. If she does not agree, the divorcée remains entitled to the deferred dowry, and the husband must divorce her if she insists on the sinful relationship.

As for custody, it belongs to the mother unless she is deemed unfit, in which case it transfers to the closest female relative. A Muslim residing in non-Muslim lands should return to the lands of Islam unless there is a necessity.