If a muslim is married to a woman that refuses to wear Hijab after he had tried to guide her to wear it in a couple of years, but otherwise she is a good wife and a good mother, would it then be permissible to divorce her because of her refusal of wearing the Hijab?
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
At the outset, one should understand that it is better to make the home than break the home. The matter becomes further complicated if there are children involved in the marriage. If the wife does not wear Hijaab, then the husband should diplomatically encourage his wife to wear the Hijaab. The husband should employ different methods in making her to wear the Hijaab. Frustration, anger, divorce and intolerance will be the ideal recipe in rejecting this woman and taking her further away from Deen. This is exactly what Shaytaan aspires for. If the husband was so concerned of Hijaab, why didn’t he consider this aspect at the time when he proposed to marry her?
If the wife is encouraged with wisdom and diplomacy, she will be encouraged to wear the Hijaab one day. By forcing the issue upon her will make her negative thus causing untold harm and misery to all concerned.
And Allah knows best
Wassalam u Alaikum
Muhammed Zakariyya Desai,
Assistant Mufti
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah