Is a husband obligated to divorce his non-Muslim wife according to Islamic law in his country, or in the courts of her country, given his fear that she would prevent him from seeing his daughter in the event of divorce, and would he be sinful for ceasing to provide for her, even though she is employed, out of concern that this might affect his daughter's upbringing?

A wife's refusal to return to her husband's country is considered an act of defiance (nushooz) by which her right to maintenance (nafaqah) is forfeited, and the custody of the daughter goes to the husband. If the wife is non-Muslim and the husband divorces her, she has no right to custody, and the daughter follows the religion of her Muslim father. If the wife does not obey, the matter should be referred to the Sharia court or Islamic centers. The maintenance of the daughter is obligatory upon the affluent father, but the mother has no right to claim it if custody is not rightfully hers. The divorce must be declared in writing or with witnesses.