Custody of the Divorced, Defiant Wife
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Question:
Honorable Shaykh, the divorced woman.
Answer:
If she was defiant and was the cause of the separation between her and her husband, does she have the right to demand that her children remain with her? Yes, they remain with her if she is better for them, provided she does not remarry, as stated in the hadith. The hadith is general, applying to all divorced women, even if she was the cause of the divorce. This does not establish her right to custody, because custody is a right belonging to the child, a right belonging to the child. It is better for him and more compassionate for him to be with his mother. Yes, there is no right for the custodian in custody; custody is a right for the child in the custodian. Yes.
Honorable Shaykh, the divorced woman.
Answer:
If she was defiant and was the cause of the separation between her and her husband, does she have the right to demand that her children remain with her? Yes, they remain with her if she is better for them, provided she does not remarry, as stated in the hadith. The hadith is general, applying to all divorced women, even if she was the cause of the divorce. This does not establish her right to custody, because custody is a right belonging to the child, a right belonging to the child. It is better for him and more compassionate for him to be with his mother. Yes, there is no right for the custodian in custody; custody is a right for the child in the custodian. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الحضانة — islamhouse.com (39:08)
The Arabic text is a machine transcription of the audio recording.