English
Tuesday 24th of May 2022
157
0
نفر 0

Child Custody

1

Question: A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the children. Has such a woman, who has violated her marital duties, any right in anything from her husband?
Answer: The said woman is not entitled to shari'i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband).


2

Question: A wife neither obeys her husband nor fulfills her marital duties; she also goes out without his permission to stay with her own family for seven months. Then instead of having recourse to Islamic laws, she goes to a non-Islamic court in order to get spousal maintenance, custody of the children, and divorce from her husband. Does such a wife have the right in getting anything from her husband? In such a situation, when she goes to non-Islamic court it will apply non-Islamic laws to grant her divorce and her rights (spousal support and custody of children), does she deserve her full spousal rights?
Answer: The wife mentioned above does not deserve the spousal maintenance from a shari’a point of view. But her mahr (dowry) and her right of custody of children (under the age of two) should not be suspended because of her disobedience.
157
0
0% (نفر 0)
 
نظر شما در مورد این مطلب ؟
 
امتیاز شما به این مطلب ؟
اشتراک گذاری در شبکه های اجتماعی:
لینک کوتاه

latest article

Is this statement "Everyday is Ashura and every place is Karbala" a hadith? How reliable ...
Is it appropriate to perform Istikharah? The Grand Ayatollah Sistani’s answers
What is the ruling on not knowing how many days one has to make up for his fasts?
Beliefs
What is the \'proof of the veracious\' (burhan al-siddiqin)? Is it the most correct, ...
Getting rid of sputum at the time of performing Salaat whilst fasting/the Grand Ayatollah ...
What is Dua?
Why going to the Mosque and pray in it is so important? The Grand Ayatollah Safi’s
Why is Surah Al-Baqarah called by this name?
What is the ruling about breach of promise by a man towards his wife and children? The ...

 
user comment