Is it permissible for a husband to divorce his wife who ridicules him and treats their child brutally, and threatens her with divorce if she does not give birth and wear the hijab, especially since the husband's mother encourages him to divorce and asks him for money despite not needing it?
Divorce is legislated but disliked if there is no need for it, permissible when there is a need, and recommended if the wife is negligent in her religious duties. The husband should not threaten divorce. Not having children is not a fault of the wife if it is against her will; otherwise, procreation is a right of both spouses. The is an obligatory duty for a Muslim woman, and its importance is reinforced by the obligation to obey the husband in what is good and permissible. The woman must repent from immodest display (sufur) and wear the hijab. Spouses must be patient and engage in dialogue to solve their problems. The husband's obedience to his mother in divorcing his wife is not obligatory unless there is a legitimate reason, and he is not obligated to give her money unless she is in need of it. Treating a child brutally is not permissible in Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 116701
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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