Is the husband sinful for not divorcing his wife who lives separately from him in Britain — where she has removed her hijab and refuses to return despite his providing independent accommodation — knowing that she will not return, and does he bear her burden by her remaining married to him?
Differences between a wife and her husband's mother often arise when they live in the same house, and the wife has the right to her own separate dwelling. A wife has the right to demand such a dwelling. She must obey her husband by returning to his house if he provides her with an independent dwelling, because she is required to reside where he resides. If she refuses without a legitimate Shar'i (Islamic legal) justification, then she is disobedient (nashiz). Her treatment is not divorce first, nor is he obligated to divorce her, nor does he sin by keeping her. However, divorce may be preferable if she insists on refusing or on removing her , as there is no good in keeping a woman who disregards the rights of Allah and her husband. Divorce may be recommended if the woman neglects the rights of Allah or is not chaste.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 130775
- 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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