Does a wife who threw herself from the balcony and falsely accused her husband of attempted murder deserve custody of her 5-year-old son, knowing that she has not allowed her husband to see their son for 4 years, and does the wife's mother deserve custody of the child?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The right of custody belongs to both parents jointly, but if they separate, the mother has a greater right to it, even if she is disobedient (nashiz). The custodian is not permitted to prevent the other parent from visiting. The disobedient wife (nashiz) must return to the marital home; otherwise, her right to maintenance (nafaqa) is forfeited. If she refuses to return and reconciliation attempts fail, the husband should accept compensation (fidya) and divorce her. He is not permitted to keep her against her will to harm her.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 74501
- Imported
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- Source text, unreviewed
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