Is it permissible for the husband to revoke his wife's condition of completing her studies and take their children after discovering her betrayal of him?
Fulfilling the conditions agreed upon in the marriage contract is obligatory, as the Prophet, peace and blessings be upon him, said: "The conditions most worthy of fulfillment are those by which you make intimacy lawful." However, the husband may retract the condition and prevent his wife from studying if she deviates or if the studies involve Shariah violations.
As for the children, they are under the custody of their parents as long as the marital relationship exists. If a divorce occurs and the children are under seven years old, the mother has a greater right to their custody, unless their remaining with her would corrupt them.
Regarding those who have reached the age of seven, scholars have differed concerning their matter. The most preponderant opinion is to consider the child's best interest. If one parent is more suitable for the child, that parent is given precedence. Custody issues are referred to the Sharia court.
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- 103192
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