Is a Mother Who Admits to Marital Infidelity Entitled to Custody of Her Children?
Is a Mother Who Admits to Marital Infidelity Entitled to Custody of Her Children?
No, according to the ruling of the Supreme Court,
A mother’s admission of marital infidelity forfeits her right to custody, as she is deemed untrustworthy to care for the children. Once a lack of trustworthiness is established, she is not religiously or legally fit to act as a custodian—even if the husband consents to keeping her as his wife, Islamic law does not approve of her as a custodian for his child.
Supreme Court
Appeal No. 91/2018 – Session dated 28/10/2018