What is the ruling on a man who plays games with his wife regarding divorce, where every time he says “I have divorced you” and then takes her back, and the last time he took her back on a condition and played games with her, while she wants a divorce from him?

The questioner : A phone call from America, O Shaykh.

The Shaykh : Yes. Yes, you are calling from here, may Allah guide you. Yes.

The questioner : Peace be upon you, hello.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.

The questioner : How is your health, Shaykh?

The Shaykh : Welcome, welcome, Murad.

The questioner : May Allah keep you, my dear brother, I am calling from America.

The Shaykh: Yes.

The questioner : I am the one who has the question. It is a very important fatwa regarding a Muslim sister of ours in America.

The Shaykh : Good, what is it?

The questioner : Is it possible, I would like to record if you allow me to record the tape.

The Shaykh : I allow you, perhaps after I hear your question before you record it.

The questioner : Okay, if Allah wills.

The Shaykh : What is your question?

The questioner : Okay, the question, O honorableThe Shaykh : There is an American Muslim woman, okay.

The Shaykh : Okay, if Allah wills.

The questioner : Yes, she is married to a man of Saudi origin for eight years. He divorced her the first time and then took her back, okay.

The Shaykh : Perhaps okay.

The questioner : Okay, and he divorced her a second time under one of the conditions that she would not marry before she completes a year from the divorce. And then she went back to her husband a few days before the year ended, or as she said, in her belief that the year of the condition had ended. And then when she returned to Saudi Arabia to her husband, she said to him, “I must, I must have a second marriage contract performed on me.” So he brought one of the young men and said, “This is a Shaykh who will contract your marriage, and I am your wali (guardian), and he is your husband, and there is one witness.” Did you see how that was?

The Shaykh : Yes, I see.

The questioner: Yes.

The Shaykh : I am hearing, I am hearing.

The questioner : Yes, so he performed a theatrical act that thisThe Shaykh : is contracting your marriage, and I am your wali (guardian), and this is your husband, and this is one of the witnesses. Did you see how that was?

The Shaykh : Yes.

The questioner : Then, yes.

The Shaykh : Yes, yes, continue.

The questioner : And then they did not make her sign any papers, they did not tell her about... so she felt that there was a theatrical act, a game they were playing on her. And then he started to harm her a lot and imprisoned her in his house, meaning for a period. Then she returned to America and demanded a divorce. And so, once, I said, “I do not want to marry you.” So he threatened her several times, meaning he said, “I do not want to let her go.” And he said to me, “I swear before me, he came here to America, he swore an oath that he would humiliate her, and if she returns to Saudi Arabia, he will forbid her return to America.” She has two children, she has a daughter who is seven years old and a son who is two years old. Did you see how that was? And he is a man, meaning every time she returns to him under the condition that he be religiously committed, meaning he prays and fasts and fears Allah. And when she returns to Saudi Arabia, she discovers that he drinks intoxicants and commits zina (unlawful sexual intercourse) and commits lewd acts and deals in many things. Did you see how that was? And she is a virtuous Muslim woman, meaning she fears Allah, is committed, and is veiled, and means everything. Our question is from here, from America, I am speaking that she is demanding a divorce. And here is the Sabr Mosque, if it is the Sabr Mosque in Portland, do you hear about the Sabr Mosque, O Shaykh?

The Shaykh: No.

The questioner : Yes, at the Sabr Mosque here, they told me to callThe Shaykh : Nasr al-Din al-Albani and explain to him this case. They, meaning, do not know how to handle the khul' (divorce at the wife's request). The woman wants the khul'.

The Shaykh : My brother, listen to me.

The questioner: Yes.

The Shaykh : This issue is a thorny one, and this is not resolved by a scholar's fatwa, but rather this needs a Shari'ah court. And since her husband is of Saudi nationality.

The questioner : Can I record?

The Shaykh: Yes.

The questioner : Can I record the call?

The Shaykh : Yes, record it.

The questioner: Yes.

The Shaykh : I say, this issue, according to what I have just learned, is a thorny issue with many branches, yes.

The questioner : There is a Shaykh Mahmoud Murad who called you from Canada, do you hearThe Shaykh : Mahmoud Murad.

The Shaykh : My brother, are you recording my answer or not?

The questioner : I am recording your answer, please proceed.

The Shaykh : Why did you go back?

The questioner : I am sorry, sir, forgive me, no harm.

The Shaykh : I say, this issue is a thorny one with many branches and subdivisions, and it cannot be resolved first by a scholar's fatwa, especially if this mufti is far from the Saudi man and the American wife. Therefore, I advise that the case be raised, with the details you mentioned, to the Saudi Shari'ah court. And with its authority, it is able to summon the Saudi husband who pretends to his Islam and worship in America. And if he returns to his Muslim country, there he is a drunkard and a fornicator, according to your saying. So raise the case to the Saudi Shari'ah court, and the solution will come to you from there officially, such that she can rely on the judgment and fatwa issued by them. And peace be upon you. Please, my brother.