What is permissible and impermissible for the mother, Islamically and legally, if she requests divorce or Khulʻ, regarding the deferred and advance dowry, alimony, and child custody?
A wife is not permitted to seek a divorce without a valid reason; otherwise, she will be deprived of the scent of Paradise. If she requests a divorce due to harm, she is entitled to maintenance and lodging during her (waiting period) (if it is a revocable divorce), compensatory gift (mut'ah), and the full dower (sadaq). However, if it is due to her dislike of the husband, the solution is khul' (divorce at the wife's instance, usually by returning the dower). She has custody of the child unless she remarries or there is a disqualifying impediment, and the child's maintenance is incumbent upon the father. If she requests a divorce for no valid reason, the husband may agree or refuse until she redeems herself from him with money.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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