Can the ex-husband, who commits unlawful acts and threatens to destroy his ex-wife's life, obtain custody of their 6-month-old son when he reaches the age of seven? And can he take him from her despite her dedicating herself to raising him according to the principles of the Islamic religion? And must he settle his debts before obtaining the right to custody?
The summary of the fatwa is that a father is obligated to financially support his minor children. A husband is obligated to provide for his wife divorced with a revocable (raj'i) divorce, as long as she is within her waiting period (iddah). As for a wife divorced with an irrevocable (ba'in) divorce, she is not entitled to financial support or housing. The custodial mother is entitled to compensation for custody and housing if she does not have her own residence. The custody of children goes to the mother until they reach seven years of age, after which the male child is given the choice between his parents. As for a wicked (fasiq) person, they are not entitled to custody. If they repent and their custody was revoked, recourse can be sought through the courts to preserve the legal right.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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