Does a mother forfeit custody of her infant if she is in a country other than the father's, given her inability to reside in the father's country and the father's unsuitability for custody? What are the wife's rights if she requests a divorce, where does she observe her 'iddah, and is it permissible for her to leave the house during the 'iddah for her needs?
Custody goes to the father if one of the parents moves to settle in another place. Some scholars made an exception for a suckling infant, who stays with its mother, and after weaning, custody transfers to the rightful custodian. The wife is not permitted to seek divorce except for a legitimate Shar'i reason; otherwise, the husband has the right to refuse divorcing her until she ransoms herself from him with money. The divorced woman observes her 'iddah in the marital home, and she is permitted to go out during the day to fulfill her needs, but not at night unless absolutely necessary.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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