Who has the right to child custody when final divorce takes place?
The wife has the right to child custody until her children reach the age of puberty. However, if she gets married, the right of custody becomes that of her mother`s.
Is it permissible for a woman to conclude her marriage without the approval of her family?
No marriage is permissible without the presence of a guardian and two trust worthy witnesses, and the woman whose family had denied her right in getting married to a God-fearing, financially and physically capable man should go to the court.
I`m a mother of three orphans. Is it permissible for me to spend on myself from their salary, such as buying a Jilbab*?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to take a reasonable amount that is equal to your services to them. However, it is better that you don`t. The evidence on this is that Almighty Allah Says (What means): "Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account." [An-Nisa`/6]. And Allah The Almighty Knows Best.
* A full-length outer garment, traditionally covering the head and hands, worn in public by some Muslim women.
What is meant by "Recalcitrance of the woman toward her husband doesn`t render her divorced"?
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It means that her being recalcitrant (Nashiz) doesn`t make her divorced. Rather, she has to be divorced by husband or Sharia judge to be considered divorced. And Allah The Almighty Knows Best.
