A husband made a list of demands which prompted his wife to leave Islam; are all of them legally acceptable?
In the context of marital relations and the legal implications of a wife leaving Islam due to her husband's demands, several sources provide relevant insights.
Firstly, Al-Kafi discusses the situation where a husband compels his wife to seek khula (a form of divorce initiated by the wife). It states: If a man compels his wife to seek khula, she becomes a single irrevocably divorced woman, and he is the one who addressed her. It is not lawful for him to compel her to seek khula until she herself requests it without him harming her
Al-Kafi 2:422. This indicates that a husband cannot legally force his wife to pursue khula against her will, suggesting that her departure from Islam under coercive demands is not legally acceptable.
Additionally, if a woman feels that her husband's demands contradict her beliefs or create a situation where she cannot practice her faith, she is permitted to seek a divorce. In the context of divorce, the Qur'an states that Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness
2:229. This verse emphasizes the importance of mutual respect and kindness in the process of divorce.
In summary, if a husband's demands lead to a situation that compels his wife to leave Islam, it is clear from both Qur'anic guidance and the hadith that such coercive actions are not lawful. The wife has the right to seek khula or divorce if she feels her religious obligations are being compromised.
Sources
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2:229 · Al-Baqara
2:229 · Muhammad Marmaduke Pickthall
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers.
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Al-Kafi 2:422
Al-Kafi · Book 2, Hadith 422
I asked him about the fitrah and to whom it belongs. He said, "It belongs to the Imam." I said, "Shall I inform my companions?" He said, "Yes, whoever you want to purify from them. And it is permissible to give and carry the price of it in writing." — OR — I asked him, 'What is the limit for receiving goods?' He said, 'A short trip (roughly a few hours).' — OR — If a man compels his wife to seek khula, she becomes a single irrevocably divorced woman, and he is the one who addressed her. It is not lawful for him to compel her to seek khula until she herself requests it without him harming her. She must say: “I do not honor you by oath, nor do I cleanse myself of janaba for you, and I will admit into your house whoever you dislike, and will lie on your bed, and I will not observe God's limits.” Once this is established from her, what he took from her becomes lawful.
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