Does the divorced husband have the right to control his ex-wife's return to her home country, or does the decision rest with her and her family, taking into account that her return might deprive him of seeing his daughters, and her remaining might leave her without a mahram?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If you divorce your wife and her ' (waiting period) expires, you no longer have authority over her, nor do you have the right to compel her to travel or to remain in that country. Her remaining there does not require the presence of a , but rather safety from fitna (temptation/strife). The custody of young children belongs to their mother, unless there is an impediment. However, if the mother travels to her own country, the majority of scholars hold that the father has a greater right to custody.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/166325
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 166325
- 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