Is it permissible for a woman to ask for a divorce from her husband because he insults the religion?
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Question:
The questioner says: She is a married woman whose husband insults the religion and swears oaths of divorce. She feels that she is living with him while hating him because of his insulting the religion. Is it permissible for her to ask for a divorce?
Answer:
This is not a divorce; she is not his wife as long as he insults the religion. He is an apostate, and remaining with him is remaining with a non-husband, because he is not her husband. Allah (Exalted and Majestic is He) says:[Al-Mumtahanah 60:10] and He says: [Al-Baqarah 2:221]. So he is an apostate, may Allah protect us from that, and his wife has divorced him. It is obligatory for her to separate from him and not remain with him.
The questioner says: She is a married woman whose husband insults the religion and swears oaths of divorce. She feels that she is living with him while hating him because of his insulting the religion. Is it permissible for her to ask for a divorce?
Answer:
This is not a divorce; she is not his wife as long as he insults the religion. He is an apostate, and remaining with him is remaining with a non-husband, because he is not her husband. Allah (Exalted and Majestic is He) says:
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّAnd do not marry polytheistic men [to your women] until they believe.
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز أن تطلب الطلاق من زوجها لأنه يسب الدين؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.