Can a wife be prevented from having custody of the children and traveling with them to her home country in the event of divorce, especially since the laws of her country grant the mother the right to custody until the age of 18?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
When a husband and wife separate, custody belongs to the mother, unless there is an impediment on her part. However, if the spouses separate and each lives in a different country, the father has a greater right to custody. Therefore, if a divorce occurs and the husband prevents his children from traveling with their mother, this is permissible.
It is advised not to rush into divorce and to strive to reform the wife, especially when there are children, as the reunion of the spouses is preferable to separation. If the wife is lying, she should be advised by explaining the seriousness of lying.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 113094
- Imported
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