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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A wife who refuses to wear the hijab

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, a wife does not agree to wear the hijab, and she said, “I will not wear it, even if that leads to my divorce.”

The Shaykh:
The Prophet (peace and blessings be upon him) was approached by an old woman who said, “Call upon Allah to admit me into Paradise.” He said (peace and blessings be upon him)
An old woman does not enter Paradise,لا يدخل الجنة عجوز،
The woman regretted it greatly. When he (peace and blessings be upon him) saw that from her, he mentioned to her the verse:
(35) Indeed, We have produced the women of Paradise in a [new] creation (36) And made them virgins,إِنَّا أَنشَأْنَاهُنَّ إِنشَاءً فَجَعَلْنَاهُنَّ أَبْكَارًا
[Al-Waqi'ah 56:35-36]
(37) Devoted [to their husbands] and of equal age, (38) For the companions of the right [who are]عُرُبًا أَتْرَابًا لِّأَصْحَابِ الْيَمِينِ
[Al-Waqi'ah 56:37-38]
.
This is a matter of ta'wil (figurative interpretation), a matter of jesting. The Prophet (peace and blessings be upon him) used to jest, but he did not say anything but the truth. This is the truth. A man came to him wanting to be carried on a camel, and he said,
Shall I carry you on a she-camel’s offspring?أحملك على ولد الناقة،
The man understood that he meant the small camel that cannot bear the load. He said, “What does a she-camel’s offspring do?” He said,
Are camels borne from other than she-camels?وَهَلْ تَلِدُ الإِبِلَ إِلاَّ النُّوقُ
Jami` at-Tirmidhi 1991Da'if (Darussalam)
? This is a matter of jesting that is the truth, and the Prophet (peace and blessings be upon him) intended to make those present laugh. This is light jesting, and it has a point. This is a matter of ta'wil (figurative interpretation), the ta'wil (figurative interpretation) in which there is no injustice, neither an oppressor nor an oppressed.

The questioner:
Honorable Shaykh, may Allah grant you success. A wife says she will not agree to wear the hijab, and she said, “I will not wear it, even if that leads to my divorce.” The husband asks: Should he divorce her or leave her? And does he bear a sin if he leaves her?

The Shaykh:
He must compel her to wear the hijab, and she is his wife. If she refuses and persists in refusing the hijab, he divorces her. Is this woman suitable? She is not suitable. Also, she might raise her daughters in this manner. If she does not accept and he is unable to compel her, he divorces her. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (23:29)

The Arabic text is a machine transcription of the audio recording.

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