Remarriage Under a Divorce Agreement Tied to Child Custody and Support - Jurisprudential Answers - Miscellaneous Issues, Vol 4
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Question and answer [link]
Question 121
A believing woman was divorced because she believed in the Imam, while her husband drinks alcohol. Her children were taken from her. In the official courts, her lawyer and her ex-husband's lawyer agreed that she would live separately as a divorced woman with her children and that he would provide maintenance and housing for her and the children on the condition that she not remarry; if she marries, he takes the children, the housing and the maintenance. Is she legally bound by this agreement so that she cannot marry without his knowledge? May she contract a lawful marriage with a believing man without her ex-husband knowing while continuing to live with her children and receive housing and financial support?
Ahmed al-Hasan Response:
Her decision to marry remains in her own hands and no one may prevent her from marrying. The matter of the children depends on their ages and circumstances. In general, if the father is not a believer, then legally the children are the right of the believing mother.
Source: Jurisprudential Answers - Miscellaneous Issues, Vol 4; Author: Imam Ahmed Al-Hasan; Question 121; Page Not available; FIQH-MISC-V4-Q121. View Arabic source · Open the original Arabic source ↗
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References
- ↑ Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 4. Question 121; Page Not available. FIQH-MISC-V4-Q121. View Arabic source
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Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 4. Question: 121. Page: Not available. FIQH-MISC-V4-Q121. https://ahmedalhasan.org/ar/Library/BookContent/100