Q&A: Child Custody
lit 8/29/2026 · 2 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Sayyid Ali SistaniTopic: Child CustodyMadhhab / school: Shia Ithna 'Ashariyah#fiqh#qa#sistani
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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).