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The question

Is it permissible for a woman to seek divorce from her husband who does not pray and curses religion, given the presence of children and her fear of being compelled to abandon the hijab and work?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the husband curses religion or does not pray, it is not permissible for his wife to remain with him, because he is an infidel by scholarly consensus. If apostasy occurs after the marriage contract and the husband persists in it until the 'iddah (waiting period) expires, then separation has taken place between them. She is not permissible for him except with a new contract after his repentance and return to Islam. It is not permissible for the wife to allow him intimacy, rather he is a stranger to her.

She can live with him in the same house with complete separation from him and emphasizing to him that intimate relations with him are forbidden, or it is better for her to live independently and look for work and housing. If the choice is between removing her hijab or staying with this husband, removing the hijab is a lesser evil. It is advised to make abundant supplications and ask Allah to relieve her distress.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
6731
Imported
Translation status
Source text, unreviewed
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Read the full answer on Ftawy