I am 35 years old and been married for last ten years. I got 2 kids daughter 7 years & son 2 years old. My wife is always under influence of her brother and mother from the very first day and does many mistakes during last ten years thus she ran away without telling from my house more than four times and also aborted 6 months baby only because of her mother and brother’s saying, again she come back after few months apologizing that she will live peacefully and will not commit any mistakes in future. Now the situation has gone worse than ever because I feel that she is mentally ill and takes decision according to her brother’s wish. Also she gives threat of life to put me & my parents behind the bars, worried about my children’s future. Can I get the custody of my kids if got separated since she is not mentally well and won’t be able to take care of kids financially and other means? Also let me know who will get the custody of kids in case she marries to another person.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 279/247/H=01/1435)

The mother has right to nourish her children in case of daughter up to the age of 9 and the son up to the age of 7. If the mother of the children (your divorced wife) marries a person who is not a relative of your children then the right of nourishment shall go to their nani. All the affairs related to the children are noteworthy; hence it shall be far better not to give talaq to your wife though you have to face some problems, rather invite 2-2 persons from each side who are educated, religious, sympathiser and influential. They should hear the matter of both of you and come out with some solution and settlement. In case of talaq, most probably there more problems shall creep in. Yet, if you have to divorce her then give only one talaq. Also clear all the matters before the talaq so that no dispute happens later.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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