What is the religious ruling regarding a wife whose marriage has not been consummated and who requests a divorce because she is not convinced by the hijab? Does she deserve financial support (nafaqah)? And what is the ruling on the relatives' statement that she deserves financial support?
The wife's statement that she is not convinced by the is serious and considered apostasy from the religion, because it is a rejection of Allah's rulings. She must be reminded that Islam is submission to Allah's rulings, and the hijab is one of them. Whoever denies its obligation has committed disbelief (kufr). If she insists on rejecting it after acknowledging its obligation, then she is disobedient (asiyah) and must be divorced immediately. A wife is not entitled to maintenance () until after consummation (dukhool) and enablement (tamkeen), unless the refusal is from the husband. As for this wife, she is not entitled to maintenance because she is rebellious (nashiz) by her refusal to wear the hijab.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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