Does a mother forfeit custody of her infant if she is in a country other than the father's, given her inability to reside in the father's country and the father's unsuitability for custody? What are the wife's rights if she requests a divorce, where does she observe her 'iddah, and is it permissible for her to leave the house during the 'iddah for her needs?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Custody goes to the father if one of the parents moves to settle in another place. Some scholars made an exception for a suckling infant, who stays with its mother, and after weaning, custody transfers to the rightful custodian. The wife is not permitted to seek divorce except for a legitimate Shar'i reason; otherwise, the husband has the right to refuse divorcing her until she ransoms herself from him with money. The divorced woman observes her ' in the marital home, and she is permitted to go out during the day to fulfill her needs, but not at night unless absolutely necessary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 180616
- Added here
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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