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Fatwa CenterCustody of daughters after the divorce of their adulterous mother
Question
Assalamu Alaikum
My x-wife took Khula from me last november2008. She did zina with her uncle, Twice I forgive her but she did third time with same uncle.Khula done in India by Islamic Shariya Aliya commetti. I have three daughters first 14years second 12years and third one 7years 8months. Two elder daughters living with me because shaiya ask them with whome you want to stay. both the grils said with father.
Shariya desided because 3rd child was under age that why she stay with her Nani means my x-wife mother.
That time I agree everything according what shariya did. But I still get questioned by my elder daughters how it happened and why my both the daughters missing her sister.
I came to knew my third child not in good health not doing study in school her school result are not good. last year she faild but due to she will lose her complete year thats why school they passed her and put her in 3rd class rank. which is not good.
I want to take my 3rd child in my kafalat please help me and advice me what is better for her. I dont want to keep her in same place where she will be spoiled so please help me in this regard.
Thanking you
shaukat ali umer anwari
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If your wife has really committed Zina (adultery), then she has indeed committed a grave major sin. This sin is even graver if she did so with her uncle who is one of her Mahaarim (plural of Mahram). Therefore, she is obliged to sincerely repent to Allaah. For more benefit on the conditions of repentance, please refer to Fataawa 86527 and 87903.
In fact, you should not keep her if she had not repented because how would a Muslim keep a wife who violates his honour and dignity and who may give birth to children from other men? Since, you have already separated from her, then praise be to Allaah.
As regards the questioning of your daughters as to what happened, then we advise you to be wise when answering them. For instance, you should inform them that Allaah predestined that the marital life between you and your wife stops and that divorce is an ordinary matter that may happen between the spouses for one reason or another. If it is necessary to tell them the real reason, then you may do so.
On the other hand, you should know that in principle the fostering depends on the interest of the fostered child. So, if you fear that your daughter will be spoiled or harmed by being with the mother of your wife, then you should take the matter to this Islamic Committee so that it will study the matter and judge according to the benefit and interest of your daughter either in her being fostered by her grandmother or canceling her (grandmother’s) fostering and giving it to the one who is fitter to be her fosterer after her grandmother.
For more benefit, please refer to Fataawa 84618 and 90461.
Allaah Knows best.
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