Is it permissible for the wife's family to force her to divorce her husband without a legitimate or logical reason, and what is the fate of the children if a divorce occurs, and how can the husband legally claim custody of his children?
What your wife's family is doing by seeking to divorce her is called takbīb, which is corrupting a wife against her husband. This is considered a major sin and an act of devils, as mentioned in the where Iblis draws close to him those who separate a man from his wife. Also, the Prophet, peace and blessings be upon him, said: "He is not one of us who corrupts a woman against her husband."
Divorce is a right exclusive to the husband, unless a judge annuls the marriage for a legitimate Shar'i reason.
As for the right of custody after separation, it belongs to the mother, based on the Prophet's, peace and blessings be upon him, statement to a woman: "You have more right to him as long as you do not marry."
You have the right to claim custody of your children if the mother loses one of the conditions for custody, such as marrying another man, along with the unsuitability of the next person in line for custody. It is advisable to refer to the Shar'i court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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