Custody of children

Husband refusing to give wife her possessions after divorce

Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.

1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.

2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.

a. Am I entitled to this money?

b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.

3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.

Muslim step father preventing a non-believing father from visiting his child

Q: I have married a woman who has one childern (6 year old girl) with a non believer. The childs father wants to visit his daughter and take her for weekends with him. He is taking her with him to pubs where people are non believers, drinking alcohol and smoking cigarettes. Do I have a right as her stepfather not to allow this visiting, etc.? 

Husband forcing his wife to remove her niqaab

Q: Husband is against niqaab and compells wife to mingle with his family male members. He doesnt want to divorce her but pressuring and humiliating her for changing her to speak to men and fights for the same. Wife is keen on covering herself and wants to know if she can divorce her husband? Will Allah have anger on her if she do so? Their kid is 8 years old, will she get the custody of her kid?

Husband having an affair with his wife's niece

Q: My husband, 36, has been having an affair with my niece, 20, for the past few years. Everytime I confronted him he denied it and twists it around like I'm crazy and insecure. However yesterday I caught them redhanded in each others arms kissing, etc. What is the position of my nikah with him? We have 2 sons aged 16 & 14 and a daughter 11. My concern is custody of my children, should I choose to divorce. Please advice me of the way forward.

Husband attaching conditions to divorce

Q: My husband and I are seperated and he sent a letter that states that if I sign this than only divorce will go throught.i als have a 2 year old girl.

1. In that letter it states that once a month on weekend he is allowd to take my daughter and from fri to Sunday. My daughter is too small and doesn't leave my side. islamically is this allowed?

2. Do I have to pay half of my childs needs including education food etc?

3. In the list of what was mine in the house its not complete and there is no mention of the mehr. Is he allowed to keep the mehr?