Is the father entitled to take his daughter if the mother insists on divorce and desires an apartment separate from her husband's family?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The mother has a greater right to custody of the children after divorce, according to the majority of scholars, as long as she does not remarry. Even if the husband seeks a khul' (divorce initiated by the wife) from his wife on the condition that she forfeits custody, her right to custody is not waived thereby, according to the majority of scholars.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 136522
- Imported
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- Source text, unreviewed
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