Back to search
The question

What is the ruling of Islamic law regarding a wife's request for khulʿ and what are her legitimate rights? Is she entitled to the custody of her daughters after khulʿ, especially since she cannot continue with her husband who humiliates her, even though she was a devoted wife?

Share this answer

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

The husband is abusive towards his wife by failing in his duties towards her and overlooking the harm inflicted upon her by his family, and by likening her to his former girlfriends. She is advised to be patient to preserve the family and children, but if she cannot bear to stay, seeking a divorce is permissible. If he agrees to a divorce, she has all her rights, otherwise, a khul' (divorce at the wife's instance, by returning the dower) is possible. As for the custody of children before the age of seven, the mother has a greater right to it under certain conditions: that she does not marry, that she resides in the child's country, and that she is free from infectious diseases or anything that would prevent her eligibility for custody. After the age of seven, the child is given the choice between his parents.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
91544
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy