Women's rights in divorce...

[The Ruler]

:sl:

...And the custody of children.

I want to know (and please provide sound evidence) whether women have the right to divorce their husbands and what happens to the children after that? Does the woman get the custody or is it the dad?

I'm hoping this is the right place to post this thread though I remain unsure.

:w:

['Abd al-Baari]

:sl:

My advice would be too speak to a scholar, but I hope this helps, insha'Allah.

It is not permissible for a woman to ask for a divorce except when there is a reason which makes it permissible for her to do so, because of the report narrated by Abu Dawood (2226), al-Tirmidhi (1187) and Ibn Majaah (2055) from Thawbaan (may Allaah be pleased with him) who said: The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.”

Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

“When it is absolutely necessary” means when there is some hardship and reason for resorting to asking for a divorce.

http://www.islamqa.com/en/ref/117780

If it so happens that the parents separate, then the mother has a greater right to custody than the father, unless there is reason not to give priority to the mother or there is a reason to give the child the choice in the matter.

The reason why the mother is given priority is that she is the primary caregiver and is the one who breastfeeds the child; she is also better able to care for the child and take care of him. She has more patience than a man in this regard, and has more time than he does, so the mother is given priority in the best interests of the child.

It was reported from ‘Abd-Allaah ibn ‘Umar that a woman said, “O Messenger of Allaah, my womb was a container for this son of mine and my lap was a haven for him, and he drank from my breast, but his father is claiming that he should take him from me.” The Prophet (peace and blessings of Allaah be upon him) said: “You have more right to him (to custody of him) so long as you do not remarry.” (Narrated by Ahmad, 2/182; Abu Dawood, 2276; al-Haakim, 2/225. Classed as Saheeh by al-Haakim).

http://www.islamqa.com/en/ref/5234/


Allahu Aa'lam.

WaAlaykumus Salaam Warahmatullahi Wabarakaatuh.

[chacha_jalebi]

check these sister...

http://www.islam-qa.com/en/ref/91862/ - about custody

and

http://www.islam-qa.com/en/ref/26247 - khula

also if your in london, they have a islam tribunal thin for more info and qualified sheikhs

[Sahabiyaat]

yup its called kullah, only you dont get to scream it 3 times like the man does, not fair :mmokay:, although someone could set a precedent. :D

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[Al-Zaara]

Did you start wondering about this after reading my post on our blog? ;D

You're asking for the state-law or Islamic law?

[The Ruler]

Did you start wondering about this after reading my post on our blog? ;D

You're asking for the state-law or Islamic law?

No... I just was wondering.

I was asking for the Islamic Law. I don't see much good in learning the state law (though, yes, I know it's important). =]

[Al-Zaara]

What an coincidence you're asking about it now, we talked about this today in class.

*gasps* State law is very important, if you disagree, talk to the hand!

[Snowflake]

asalam alaikum,

Divorce belongs to the man. A woman CANNOT divorce her husband. She can only ask him for divorce. This request is known as khul. She can offer him money/property in return of her release.

As for custody of children, the mother is most entitled to keep the children - unless she remarries. If you want, I can type the Rulings for what i've stated. I decided to wait in case you've found your answers. : )

[Faye]

A woman cannot divorce her husband but can ask for him to divorce her in return for her mahr, or any other price they agree upon.
If the husband refuses and she has a valid reason, I think she can force a divorce through a qazi.
About custody, the mother, or her family gets custody of children when they are babies, but girls go to the father at puberty and boys before then, once they grow old enough to look after their personal needs - feed, dress and bathe themselves.
(everything except the italicized line from Mukhtasar al-Qudoori, a book of hanafi fiqh)