Is it permissible to marry with the intention of divorce?
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Question:
Is it permissible to marry with the intention of divorce?
Answer:
This is a matter of scholarly disagreement. Mut'ah is what is explicitly stated in the marriage as being for a specific duration, such as a month, or what is stipulated in the contract as being temporary. However, intending divorce is not explicitly stated; it is merely something intended in the heart. The scholars have differed on this; some have permitted it because the duration was not explicitly stated, and it is only in the husband's intention.
Some scholars have prohibited it because it resembles mut'ah. It resembles mut'ah, except that it is not explicitly stated. And because it is deception. If the woman and her guardian do not know that he only wants a few days or the duration of his stay in the country, this is deception. They married her off as a husband who would stay, while he intends the opposite. This is deception and harm, and harm to women.
As for what many young men do today, traveling during the holidays and taking money with them to play with women, marrying three or four in one night, leaving one to enter another, with the intention of only lust, this is playing with marriage. This is a matter that, as far as I know, no scholar permits. It is playing, playing with marriage. He goes with money, marries this one and divorces, marries and divorces, marries and divorces, and every night he is with a different one. He has become merely a lustful person. Marriage is more noble than this; it is not to be reduced to mere animalism. It is a noble contract that is respected, has effects, and has objectives. Yes, I do not think anyone says it is permissible for those who go with this character. I do not think anyone agrees with them on this matter. Yes. Also, among the negatives of this action is the loss of children. If he marries one woman every night, has intercourse with her, and leaves for the next, she does not get pregnant, and no children come to her. Where do the children go? He does not ask about them or know about them. This is animalism. This is an animalistic act and is not permissible. Yes.
Is it permissible to marry with the intention of divorce?
Answer:
This is a matter of scholarly disagreement. Mut'ah is what is explicitly stated in the marriage as being for a specific duration, such as a month, or what is stipulated in the contract as being temporary. However, intending divorce is not explicitly stated; it is merely something intended in the heart. The scholars have differed on this; some have permitted it because the duration was not explicitly stated, and it is only in the husband's intention.
Some scholars have prohibited it because it resembles mut'ah. It resembles mut'ah, except that it is not explicitly stated. And because it is deception. If the woman and her guardian do not know that he only wants a few days or the duration of his stay in the country, this is deception. They married her off as a husband who would stay, while he intends the opposite. This is deception and harm, and harm to women.
As for what many young men do today, traveling during the holidays and taking money with them to play with women, marrying three or four in one night, leaving one to enter another, with the intention of only lust, this is playing with marriage. This is a matter that, as far as I know, no scholar permits. It is playing, playing with marriage. He goes with money, marries this one and divorces, marries and divorces, marries and divorces, and every night he is with a different one. He has become merely a lustful person. Marriage is more noble than this; it is not to be reduced to mere animalism. It is a noble contract that is respected, has effects, and has objectives. Yes, I do not think anyone says it is permissible for those who go with this character. I do not think anyone agrees with them on this matter. Yes. Also, among the negatives of this action is the loss of children. If he marries one woman every night, has intercourse with her, and leaves for the next, she does not get pregnant, and no children come to her. Where do the children go? He does not ask about them or know about them. This is animalism. This is an animalistic act and is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز النكاح بنية الطلاق؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.