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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If the husband wants to compel his wife to wear the niqab, does this matter become obligatory?

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The questioner : Following up on my brother's question, if... if the husband wants to compel his wife, does this matter become obligatory?

The Shaykh : What does the husband want?

The questioner : To compel her, because he knows someone looks at his wife, or rather, he does not see it as obligatory, but...

The Shaykh : He is jealous.

The questioner : He is jealous, he has jealousy, he wants to compel her to this, so is it obligatory for her, and she should not make excuses?

The Shaykh : Sa'd was jealous, and Allah is more jealous than Sa'd. We say: when a permissible matter is ordered by the legitimate ruler, the one who rules by what Allah has revealed, and his ruling is by what Allah has revealed, that he applies first of all the word of Allah:
and consult them in the matter وَشَاوِرْهُمْ فِي الْأَمْرِ
[Ali 'Imran 3:159]
There is no doubt and no ambiguity that the pronoun "they" in
and consult them وَشَاوِرْهُمْ
does not mean the people of ignorance, the people of open sinfulness, and the people of misguidance, but rather it means the people of knowledge, righteousness, and piety. So if the Muslim ruler is like this, ruling by what Allah has revealed, and among his rulings is that he has a council of consultation on this methodology, and he sees...

The questioner : Peace be upon you, and Allah’s mercy and blessings.

The Shaykh : And upon you be peace and the mercy of Allah and His blessings. After the scholars have studied a case that occurred, where its treatment is to make obligatory what was not obligatory, but rather a permissible matter that one may do or leave, in that case, it is obligatory for the individuals of the people to obey this order. This is known from the hadiths of the Messenger (peace be upon him): if he wrongs you, if he strikes your back, if he takes your wealth, obey him except in disobedience to Allah (Mighty and Majestic). Likewise, completely, I say: the man with his wife, and were it not for this, life between the two spouses would never be stable, especially on the very narrow methodology that says: it is not obligatory for the wife regarding the right of her husband over her except that known matter only. As for serving him, cooking for him, washing his clothes, and so on, this is not obligatory. This is the ruin of the home, and this is a system that fully corresponds to the Western system, which equates men and women, and men have become in the position of women... completely. The point is: if the man is Muslim and just, and also, as we said regarding the ruler, he rules by the Shari'ah of Allah and does not order his wife tyrannically, as also came in some hadiths: "That the Prophet (peace and blessings be upon him) sent a detachment and appointed an commander over them, so this commander wanted to joke with them or to test them, so he ordered them to gather firewood for him, so they did and gathered it in a place; he said: 'Circle around it,' so they did, 'Light the fire in it,' so they did, 'Throw yourselves into it' they remained, they said: 'We do not feel safe from the Messenger of Allah (peace and blessings be upon him) except by fleeing from the Fire.' Look at the obedience, look at the following word: 'They said: By Allah, we will not do it,' but they were preparing themselves 'until we ask the Messenger of Allah (peace and blessings be upon him).' If the Messenger orders them, they are ready, Allahu Akbar! 'So when they asked the Messenger (peace be upon him), he said to them:
If you entered it, you would not come out of it until the Day of Resurrection. There is no obedience to a created being in disobedience to the Creator. لو دخلتموها ما خرجتم منها إلى يوم القيامة ، لا طاعة لمخلوق في معصية الخالق
.
The Shaykh : I return to say: if the husband does not contradict the Shari'ah and does not tyrannize over the wife, and he treats her with kindness as the Messenger (peace be upon him) ordered, and he does not exploit the authority that Allah (Mighty and Majestic) granted him over her, and he does not exploit the description of the Messenger (peace be upon him), rather the declaration of the Messenger (peace and blessings be upon him) of his order to men in his saying:
Treat women with kindness استوصوا بالنساء خيرًا
, what did he attribute this order to?
For they are captives with you فإنَّهنَّ عوانٌ عندكم
; they are captives with you. So what does the master do with the captive? He becomes arrogant and haughty toward him, and so on. So if the husband does not treat his wife like this, but he orders her with what he necessarily needs of service that she performs this service, in that case, the wife must execute this order, even if it was not originally obligatory.
The Shaykh : This is the answer to what you asked Abu Anas.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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