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The question

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?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
50497
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy