A sister got married, and before the contract she stipulated that he allow her to go to the mosque to learn, but after the marriage he broke the condition, and then he divorced her.

The questioner: There is a sister asking me about a problem. She got married to a relative about six weeks or two months ago. She attends the mosque where I study, called "The Islamic Forum" here. The attendees are somewhat Salafis, meaning they are not perfectly organized, but they are somewhat Salafis. When her husband married her, he contracted the marriage at The Islamic Forum, and he knew that she would come to The Islamic Forum. After they got married, he told her: "Do not go to The Islamic Forum." And when she insisted that it was her condition that he allow her to go to the mosque to learn and benefit, he divorced her. Then he...

The Shaykh: Excuse me, excuse me; why did he divorce her?

The questioner: Because he did not want her to go to study at The Islamic Forum.

The Shaykh: And she had stipulated it to him?

The questioner : Yes?

The Shaykh: She had stipulated it to him?

The questioner: She stipulated to him that she wanted to come to The Forum to learn.

The Shaykh: And he broke the condition?

The questioner: Yes, he broke the condition, and then he contracted the marriage with her at The Forum, even though there are many mosques in London, but he contracted the marriage with her at The Islamic Forum, and the Shaykh of the Forum performed the contract.

The Shaykh: It does not matter to them; the important thing is that in the contract she stipulated to him that...

The questioner: No, there is no written condition.

The Shaykh: Was it?

The questioner: But she told him—meaning verbally—she told him: "I want my only condition in marriage to be that you allow me to continue attending the mosque and learning from it."

The Shaykh: Okay; and he agreed?

The questioner : Yes?

The Shaykh: He agreed?

The questioner: Yes, he agreed, and after the marriage he told her: "Do not go," and he told her: "I am from the Muslim Brotherhood, and I do not like the people of The Forum, and I do not want the people of The Forum." So the important thing is he divorced her. Now he wants to take her back; he is making intermediations with her father to take her back, but his only condition for taking her back is that she still insists on not coming to the mosque to learn at The Islamic Forum. He told her: "Any other mosque is fine, but not The Islamic Forum." And of course, Your Eminence knows the tendency of the Muslim Brotherhood against the Salafis and the problems that exist.

The Shaykh: Perfect.

The questioner: The question she is asking me is whether she sins? She does not want him; the woman does not want her husband, but does she sin now if she refuses to take him back with the mindset she has?

The Shaykh: She does not sin.

The questioner: She does not sin.

The Shaykh: She does not sin.

The questioner: Because it was the condition of the marriage originally.

The Shaykh: No, and even if it had not been, as long as he divorced her, she does not sin if she refuses to return to his guardianship; as long as he is a man against the call to the truth.

The questioner: Does he have the right to take her back against her will?

The Shaykh: Yes, he has the right to take her back, yes, but as long as he is against the call, that is an excuse for her.

The questioner: Yes.

The Shaykh: Added to that is what we have confirmed regarding the existence of the previous condition which he violated, and the Messenger (peace be upon him) says: ; so first, for breaking that condition, and second, for his insistence on it; she does not sin if she does not return to him.

The questioner: Yes, okay, Your Eminence...The Shaykh : , if it were a general case; meaning if a man divorced his wife and in a general case she became—for example—hating him; meaning there are cases like this, and then the man—for example—wants to take back his wife, is there a case in general where—for example—she was severely hurt by words or something; does she become sinful if she... even if she hates him?

The Shaykh: The rule—may Allah bless you—take it and be at ease. The matter is either that she has an excuse... or she does not have an excuse. In the first case, it is permissible, in the other case it is not permissible. You must know a ruling from the rulings of the Shari'ah called khul' or mukhala'ah?

The questioner: Correct.

The Shaykh: Okay; so what do you say if the mukhala'ah is possible while she is still in the husband's guardianship?

The questioner: It is possible.

The Shaykh: It is possible.

The questioner: So what do you say if she is divorced?

The Shaykh : You have done well.

The questioner: Yes, but is she forced in this case; meaning is it better for the woman to act in this case if she has no excuse; only that she hates him; is it better for her religion to return to him and then seek khul' from him, or not return to him?

The Shaykh: No, she does not return to him if she hates him and he divorced her without being forced to divorce her; because the divorce of one who is forced does not take effect according to the correct opinion among the scholars. So if he divorced her and she hates him, it is not obligatory for her to return to him.

The questioner: Yes, even if it is just an emotional matter that she hates him; because many people here tell them: that you are sinful if you do not return; meaning they drive them crazy, frankly... on top of her husband having divorced her and hurt her, they say: No, you are also sinful.

The Shaykh: I—may Allah bless you—gave you the detailed answer; if she has an excuse, she does not sin, and if she has no excuse, she is sinful.

The questioner: May Allah bless you, Your Eminence...The Shaykh .

The Shaykh : May Allah preserve you.