| Question ID 3944 - Divorce - 2018-01-28 11:30:01 |
| Assalamalaikum,
My brother and his wife are parents to a two year old girl. My sister in law has been staying separately since 2 years and has recently sent Khula letter. Is it true that after Khula is given, my sister in law will lose all rights over the child and my brother will absolute custody? Pls guide.
Jazak Allah |
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Answer:- Wa Alaykum Assalam Wr Wb
Wife alone cannot send final Khula to her husband , Khula can be initiated
by the wife who has been victimized.
She need to seek help of the Islamic authority (Haakim shari'at) , who then
take the steps of Khula by :-
1. Asking the husband to give his wife her rights , If husband refuses
to obey , then :-
2. Ordering the husband to divorce her. If the husband refuses to
divorce , then.
3. Issuing Talaq Khul'i.
Custody of small children remains with the wife unless she marries someone
else , or the age of the children becomes more than 2 years (for boys) or
more than 7 years (for girls).
Wassalam
Mohammad Musawi
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