Is it permissible for a wife to stipulate to her husband that he not divorce her?
Machine translationRead the Arabic original
The questioner:
Is it permissible for a wife to stipulate to her husband that he not divorce her, and he carries out this stipulation if a procedure is carried out?
The Shaykh:
The stipulation is not valid, because Allah has legislated divorce for His servants and permitted it to them except in cases of need. And Allah, Mighty and Majestic, says in His great Book, and our Prophet (peace and blessings be upon him) saysSahih Muslim 1718b, and Allah says in His great Book, "And We have placed you upon a path, so follow it." So it is obligatory to follow the Shari'ah that Allah has legislated for His servants. It is not part of the Shari'ah that divorce be at the woman's discretion, or that he be prevented from divorcing. Rather, if he proceeds with the divorce, he must stipulate the invalidity due to a valid cause. Yes.
The questioner:
The creed is everything.
The Shaykh:
That he not divorce her; he may divorce her if he has the means. Yes.
Is it permissible for a wife to stipulate to her husband that he not divorce her, and he carries out this stipulation if a procedure is carried out?
The Shaykh:
The stipulation is not valid, because Allah has legislated divorce for His servants and permitted it to them except in cases of need. And Allah, Mighty and Majestic, says in His great Book, and our Prophet (peace and blessings be upon him) says
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردThe questioner:
The creed is everything.
The Shaykh:
That he not divorce her; he may divorce her if he has the means. Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 500 هل يجوز للزوجة أن تشترط على زوجها ألا يطلقها؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.