Is what the questioner did—not allowing her husband to see her or their child out of fear that he would harm her and their child—a sin that warrants punishment, as her husband claims? And is it permissible for her to marry another man after she mentioned that her husband divorced her more than once, and she wants to marry someone who will accept her and her child?
First: The husband must provide for his wife and child. Abandonment (hajr) is forbidden except for a legitimate reason.
Second: The determination of marital status (wife or divorced) depends on the wording of the divorce and the surrounding circumstances. The husband can take his wife back during her (waiting period) if he has not exhausted the three pronouncements of divorce. If a divorce occurs, custody belongs to the mother until the child reaches seven years of age, unless she remarries. The custodian is not allowed to prevent the other party from seeing the child. After divorce, the husband must ensure he does not enter intoKhalwa (private seclusion) with his divorced wife.
Third: A woman is permitted to marry another man after the divorce is confirmed and her iddah (waiting period) has expired. It is advisable to refer the matter to an Islamic center for assistance with issues related to divorce, custody, and visitation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 7275
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy