Does the wife sin by leaving her two daughters with their father if she seeks divorce due to his bad character and stinginess, and do her parents sin by compelling her to do so if they see her interest in leaving the two children with him?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding custody (حضَانة), whether it is a right for the custodian or a responsibility upon them. Consequently, jurists have differed on the ruling concerning waiving it. However, a mother's waiver to the father is subject to certain conditions.
Scholars have mentioned that females are more suitable for custody due to their complete compassion for children. Therefore, if the mother waives it, custody transfers to the female next in line according to the jurisprudential order, while always considering the best interest of the child.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149894
Where this answer came from
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- Ftawy
- Original fatwa ID
- 149894
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy