Is it permissible to stipulate the wife's relinquishment of child custody—in the event of a dispute leading to divorce—for the marital relationship to resume, provided this is officially documented and she agrees to it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The person most entitled to custody of a child after the separation of the spouses is the mother, as long as she does not remarry, and this is by consensus. Since custody is one of the mother's rights, she has the option to demand it or relinquish it, whether for financial compensation or without. Jurists are of the view that custody is a right of the custodian, and he or she may relinquish it to someone of a lower status.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7458
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7458
- 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