I found out she is having an affair. Can i divorce her and get custody of my 5 yr old daughter?

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

It is unfortunate that your wife is having a Haraam affair. However, it is important to take cognizance of the fact that one may only accuse another person of an illicit relation if he has genuine proof. In the absence of any credible evidence such a claim is Haraam and one will be guilty of slander. Furthermore, as the husband you should ponder as to why your wife is having feelings towards another person? You are her husband and ought to make her feel comfortable as possible so that she has full confidence in you and does not look for the love, sympathy and care of others. Perhaps you are falling short in your duty as a husband and she has lost hope in you and seeks emotional help elsewhere. It is not as simple for you to divorce and demand custody of the child. Did you consider the emotional harm that would be caused to your innocent child while you are separated?

It is therefore imperative that you first carefully consider the above before making any decision. If you have failed in your duties as a husband, you should approach your wife and beg her forgiveness for your shortcomings. Assure her your support and fulfil your role as a loving and kind husband. That will instil confidence in her and her attitude will change.

And Allah knows best

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa