Not living with the new husband out of fear of losing custody of one’s children

Answered according to Hanafi Fiqh by

Q: I have a Muslim co-worker that got married a few months. She was a divorcee. The man she married has a teenage son from a previous marriage. She herself has 2 pre-teens. One being a girl. She does not live with this man as she’s scared her ex-husband (whose been married for over 6 yrs now) will gain custody of the children. How valid is that marriage? The new husband is building a house so that her daughter can have her own room and bathroom in the house. By the time the house is built the girl will be 12 and the new husband’s son will be 14. Is that allowed in Islam?


A: The marriage is valid though it is wrong for her to refuse living with the husband.

Yes. They should ensure that at no time they be together.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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