Divorce and custody of child if husband is in jail

Answered according to Hanafi Fiqh by

Q: I need guidance in this situation:

My husband is in jail for murder, and has not been incarcerated yet. It has been one year now and this is a cause of stress and pain to me. We have a child and I am getting no financial support from him nor his family. My child does not know that her father is in jail. I kept my child away from seeing him because I know how hurt my child would be. Due to this matter, am I able to get a divorce?

He is asking me to see his child, does he still have the right to see his child if he is in jail? If a divorce takes place, do I still have to bring my child to see him?


A: If he cannot afford supporting you financially and you have no means to support yourself as well you may request for a divorce.

Yes, he still has the right to see his child.

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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