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The question

In the event that the questioner divorces his wife while having four children, does he or she have the right to custody, knowing that the social status of the wife's family does not allow for raising the children?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Marital homes are rarely free of problems, and these are dealt with through wisdom and mutual respect between the spouses, with each party fulfilling the rights of the other. If the marital relationship deteriorates, divorce is the last resort, due to the family disunity it causes. Islamic law has clarified how to deal with a wife's disobedience. If separation is inevitable, then it should be done kindly. Allah Almighty says: "Divorce is twice. Then, either keep [her] in kindness or release [her] with good treatment" (Quran 2:229). And He, glorified be He, says: "But if they separate [by divorce], Allah will enrich each of them from His abundance. And ever is Allah all-Encompassing and Wise" (Quran 4:130). If a divorce occurs and there are children of custodial age, their custody right belongs to the mother as long as she does not remarry, while the father is responsible for the dwelling and expenses of the child in custody.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
114582
Imported
Translation status
Source text, unreviewed
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