Is a husband permitted to divorce his wife if she does not wear the hijab, especially if they have young children, and what are his duties towards her and their children in the event of a divorce?
Allah Almighty commanded Muslim women to wear the , and obedience to the husband in what is right is obligatory. A wife's refusal to wear the hijab is considered a defiance of Allah's command and of her husband, and an act of nushuz (disobedience) that incurs sin and nullifies her right to financial support (). Nushuz is any deviation from the obligatory obedience to the husband, not just the wife leaving the house without permission. If the wife commits nushuz and refuses the hijab, the husband may admonish her, forsake her in bed, and lightly strike her. The husband may also refuse to divorce the disobedient wife (i'dal) until she ransoms herself with her dower, or less, or more. Wives must fear Allah, wear the legal hijab, and raise their daughters with modesty and chastity. The husband must be patient with his wife, and if she insists on nushuz, an arbitrator from his family and an arbitrator from her family should be sent to reconcile them. If she closes off avenues of reconciliation, then there is no good for him in keeping her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 9195
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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