My wife has left me and wants Divorce from me i have 9 years old daughter she has taken my daughter along with her i want to keep the daughter with me my question is 1. if i divorce my wife will i get the custody of my daughter 2.if i don’t divorce my wife can in that case also will i get the custody of my daughter please answer this in the light of sharia law or mohammadan personal law

My wife has left me and wants Divorce from me i have 9 years old daughter she has taken my daughter along with her i want to keep the daughter with me my question is 1. if i divorce my wife will i get the custody of my daughter 2.if i don’t divorce my wife can in that case also will i get the custody of my daughter please answer this in the light of sharia law or mohammadan personal law

Answer

(Fatwa: 942/L=351/TL=1432)

Since your daughter has reached nine year of her age, hence if you divorce your wife you can take your daughter in your custody. Likewise, you can have your daughter with you in case of not giving talaq as well. However, it is not right to leave your wife as suspended and you should solve the issue of your wife. You may adopt the procedure that some people from both sides i.e. husband and wife should get together and try to settle the matter. Yet, if there is no way to live together then you may divorce your wife or can give khula in exchange of mahr. In case you decide to give talaq, you must not give her more than one talaq.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband