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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My wife does not obey me in matters of prayer and the other pillars of the religion, so is it permissible for me to divorce her and take back what I gave her as mahr?

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Question:
He asks and says: I have a wife who does not obey me in all matters, even matters of prayer, and even the other pillars of the religion. There is always misunderstanding between us. Now, if I resolve to divorce her, is it permissible for me to take back from her what I gave her, such as gold and other things? Please note that our marriage has only been ten months since the letter was written, and now she is pregnant. He asks for your guidance, Shaykh Salih. May Allah reward you with good.

Answer:
As for advising her and forbidding her from evil, this is obligatory upon you. If she complies and repents to Allah (Mighty and Majestic), praise be to Allah, and she remains your wife. If she does not comply and does not accept the advice, and you see a deficiency in her religion, then it is not permissible for you to remain with her. Rather, you must seek a righteous wife. The Messenger (peace and blessings be upon him) said:
Choose the religious, may your hands be rubbed with dust (i.e., may you prosper).فاظفر بذات الدين تربت يداك.
Sunan Ibn Majah 1858Sahih (Darussalam)

Allah the Exalted said:
So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guardفَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللَّهُ
[An-Nisa 4:34]
. And because she will be in your home and take charge of your affairs, and you trust her with her honor and your trust, and she raises your children, she must be qualified for this religiously and in character.
The poet said: "The mother is a school; if you prepare her, you prepare a people of good lineage." So if advice and correction do not benefit her, it is obligatory to separate from her and divorce her. As for the issue of money and what you take from her, this is referred to the Shari'ah court if you disagree on it; the reference is to the Shari'ah court. But as long as you have entered into marriage with her and been alone with her, the mahr is established for her and you have possession of it, and you have no right to take it back unless she is pleased with that and agrees to it. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، زوجتي لا تطيعني في أمور الصلاة وبقية أركان الدين، فهل يجوز لي أن أطلقها، وآخذ ما أعطيتها من مهر؟ — youtube.com

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

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