Is it permissible for the husband to exercise his right of Qawamah in this manner, by preventing his wife from leaving to attend to her needs, or from visiting her family and communicating with them, and by refusing to divorce her except through Khul‘? So, who leaves the house in the event of divorce or Khul‘, and who has the right to child custody?
Spouses must live together in kindness. It is the husband's right that his wife does not leave the house except with his permission or for necessity, and that she does not allow anyone to enter his house except with his permission. The husband does not have the right to prevent his wife from speaking to her family unless he fears corruption, nor does he have the right to prevent her from disposing of her own money. The wife's housing is obligatory upon her husband as long as she is under his marital bond or in her (waiting period). In case of separation, the custody of young children belongs to their mother, unless there is an impediment. Matters involving disputes are referred to the court, and divorce is disliked and should be avoided except when reconciliation becomes impossible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 119084
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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