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Fatwa CenterNo rights for the thrice divorced wife
Question
I want to ask about (if the mother got divorced 3 times and she is having 1 son and 4 daughters, the son is 25, daughters 23,20,18,13 years old. the mother is about 48 years old. she wants to stay with her daughters and son, does the father have a right of forcing her to leave the house and take her daughters from her? Keeping in mind that the father has got married and is having another son from his new wife. If possible please we need the Hukm in Islam and related matters with the support from holy Quran and Hadith. If possible to put the Hadith and Quran in Arabic, we are thankful.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The woman who is divorced thrice is not entitled to receive the expenditure and housing from her husband who has divorced her thrice as long as she is not pregnant.
This is the correct opinion among the various opinions. The evidence is the Hadith of Fatima Bint Qais "that her husband divorced her in the period of the Prophet (Sallallahu Alaihi wa Sallam) and gave her the expenditure which did not please her. She went to the Prophet (Sallallahu Alaihi wa Sallam) and complained against her husband. The Prophet said to her, you do not deserve expenditure and housing from your husband."
A husband who has divorced his wife thrice is not obliged to let her stay in his house or to provide her with another accommodation.
Imam Ibn al Qayyim said: "the woman who has got Bain divorce does not deserve the accommodation. Thus, her husband may ask to leave his house or she may leave his house as the prophet said to
As for the matter of nursing children if a male child reaches seven years and he is sane then he is allowed to choose between his father or mother to live with him/her.
This is the opinion of Imam Al Shafi and Imam Ahmed.
Sheikh Al Islam Ibn Taymiyah and Ibn Al Qayyim consider it more probable. As for a female child if she reaches seven years she has to live with her father, this is the opinion of Hanabilah and Ibn Taymiyah adopted it. Other scholars are of the opinion that her mother is more entitled to care of her. This is the opinion of Imam Malik, Imam Abu Hanifah and Imam Ahmed according to one of the narrations from him.
Imam Ibn Qayyim preferred it. Imam shafi is of the opinion that the girl is able to choose one of her parents. Imam Shawkani adopted this opinion.
However, we advise the questioner sister to consult an Islamic court in her country since the court solves such problems not a Fatwa.
Allah knows best.
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