The Condition of Taking Children in Divorce and the Ruling on Litigation Therein
Machine translationRead the Arabic original
Question:
Honorable Shaykh Abu Mutlaq, there is a man who divorced his wife twice due to marital disputes, and he wants to divorce her a third time, or he wants to impose conditions on the wife, including that no one is to stay in the house without his permission, and if she does so, she is considered divorced and he will take his sons with him, on the condition that this condition is written and certified by the court. The question is: Is this condition considered valid when the divorce occurs, and does it result in the woman not taking her children, or not?
Answer:
This is for the judge; this is a dispute between two parties who refer to the judge in such matters. And Allah the Exalted knows best, and may Allah send prayers and blessings upon our Prophet Muhammad and upon his family and his Companions.
Honorable Shaykh Abu Mutlaq, there is a man who divorced his wife twice due to marital disputes, and he wants to divorce her a third time, or he wants to impose conditions on the wife, including that no one is to stay in the house without his permission, and if she does so, she is considered divorced and he will take his sons with him, on the condition that this condition is written and certified by the court. The question is: Is this condition considered valid when the divorce occurs, and does it result in the woman not taking her children, or not?
Answer:
This is for the judge; this is a dispute between two parties who refer to the judge in such matters. And Allah the Exalted knows best, and may Allah send prayers and blessings upon our Prophet Muhammad and upon his family and his Companions.
Source
قناة «العلامة الدكتور صالح الفوزان»، 82 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيمن أتى حدا خارج الحرم ثم لجأ إليه|صالح الفوزان — youtube.com (1:21:38)
The Arabic text is a machine transcription of the audio recording.