Continuation of the issue of marriage with the intention of divorce: If a disbelieving woman converts to Islam and treats her husband well, and he divorces her based on his previous intention

The questioner : In response to our brother Abu Ishaq’s question regarding marriage, is this not an injustice to the woman if she commits herself and becomes a person who obeys him and is a Muslim, and he insists on divorce? Is this not an injustice?

The Shaykh : What injustice is this? This is loaded talk. How is it an injustice? Suppose a man wants to divorce his wife who is standing in prayer and fasting because he is longing for a girl more beautiful than her, so he divorces her. Is this an injustice to her in your estimation and opinion?

The questioner : I see that it is.

The Shaykh : You see that? What is your evidence?
Laughter.The Shaykh : And I asked for it.

The questioner : I mean, divorce is determined by the man without ...

The Shaykh : Absolutely not. Divorce is in the hand of the one who holds the leg.
Al-Albani laughs and asks for it.

The Shaykh : And How can this be hidden from you? Perhaps you have reached the age of maturity, or perhaps the hadith of Hafsa has reached you, that the Prophet (peace and blessings be upon him) divorced her. So Jibril descended upon the Prophet (peace and blessings be upon him) and said: Do you want a woman more beautiful than this one, who fasts and prays? Despite that, the Messenger of Allah (peace and blessings be upon him) divorced her. There is no doubt that the divorce of the Messenger was for a reason between him and himself. Perhaps a woman in her anger says a word, and something very strange came in the Sunnah, for example, the hadith of the Lady Aisha. This helped me to remember that when she was gentle toward her husband, she would say

The questioner : .

The Shaykh But if she was angry

The questioner : .

The Shaykh meaning a style of jealous women; likewise, for example, "She is nothing but a Jewess" regarding Safiyyah, for example, and she was the wife of the Messenger (peace be upon him); so it is possible that a righteous woman may say a word that wounds the man’s heart, and he divorces her; but overall, she is what she is; so this hadith is evidence for that . Therefore, the matter of divorce is not as the supporters of women among Muslims, who are influenced by Western missionary attacks on Islam, keep harping about, saying that you are oppressing women, and so on. Many Muslims are truly affected and have started digging up from these hadiths what is authentic and what is not, until they approach the European mind, the European female mind; so the important thing is that they have narrowed the circle of permissible divorce, and perhaps you know that it has reached the point where some Sharia courts say that divorce is in the hand of the judge, not the husband.
Abu Ishaq: And is this an error in terms of Sharia?

The Shaykh : It is all error. And what does the judge know about the relationships existing between the spouses, until they cause discord between a man and his wife—may Allah protect us.

The questioner : And it is not his right; it is the right of the husband.

The Shaykh : It is understood that it is not his right; but if he wants to judge with justice, how can he enter into the innermost secrets between the spouses? The important thing, my brother, is that divorce in Islam, without a doubt, does not have those restrictions or those conditions. Then, I do not imagine a person, no matter how unjust he is, no matter how openly sinful he is, who would divorce his wife from whom he has found comfort except for a reason; but I am saying that this reason may be forbidden. For example, he divorces her because he wants to enjoy the daughters of desire, as they say; so this, of course, moves from the lawful to the forbidden, and its invalidity is clear. But I gave you an example earlier that he wants to marry a beautiful woman to enjoy as much as he wants of the enjoyment of the one he has and take his need from her, and then the longing starts to work in his self and his chest, so he wants to extinguish the heat of his longing and asks to marry another. He has the right to do that; but if he is able to combine the two girls or the two women, and the first one agrees, this is undoubtedly better; and this realizes the Qur'anic text . But this is very difficult in this time; combining two wives is very difficult in this time; and the difficulty may be shared between the spouses, or it may be individual from one of the spouses, male or female; so you, for example, may be a righteous man, and if you combine two wives, you judge between them and divide fairly, as is known in the Sharia; but one of them does not help you with that, either the old one or the new one, due to the corruption of the morals of society, due to the corruption of the morals of the family of the first or the other wife; and therefore, despite the explicitness of the Islamic Sharia in permitting polygamy, I do not advise marriage today; and that is for the problems that occur in the second marriage; of course, the speech in the context and sequence of the qualifiers says, I do not advise the Muslim to marry over his wife except for a necessity, not from the perspective of the Sharia, but from the perspective of considering reality; do we pray? .... If I am going to change my position "In the name of Allah" evaluate this, it is just a little, no ... let me take my ease, I will tire you with raising your weapons—
Laughter.The Shaykh .